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Failure to Mitigate

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District Court (Cal.) Allows “Good Faith” Defense to Proceed in TCPA Action; Strikes “Failure to Mitigate” Defense where Plaintiff Alleges No Actual Damages

by Scott J. Hyman |

In Springer v. Fair Isaac Corp., 2015 WL 7188234, at *5 (E.D.Cal., 2015), the Court addressed what affirmative defenses may be pleaded in a TCPA action.  The Court allowed the affirmative defense of "good faith" to proceed. Defendant's third affirmative defense of reasonable and good faith states: "Defendant's actions were taken in good faith, in reliance upon information provided by its customers… Read More