Case Involved Difficult Issues; Risk of Nonpayment and Not Prevailing on the Claims was High Clause Samples

Case Involved Difficult Issues; Risk of Nonpayment and Not Prevailing on the Claims was High. This case involved difficult substantive issues which presented a significant risk of nonpayment, including uncertainty on class certification, and contested issues about whether the text messages sent from or on behalf of the Defendants constituted an unsolicited text under the Telephone Consumer Protection Act (“TCPA”), in a setting of developing case law and FCC rulings and recovery being dependent on a successful outcome, which was uncertain.
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