In Harmony: Early Win for Defendant as Court Grants Bifurcated Discovery in TCPA Class Action

Back in February, I wrote about a significant development in a TCPA class action our firm is defending: a federal judge granted our request for bifurcated discovery. In my view, nothing shifts the dynamics and leverage early in a putative TCPA class action more than a court granting bifurcation.

To recap, bifurcated discovery means that instead of proceeding with discovery on both the named plaintiff’s individual claims and class-wide issues simultaneously, the case moves forward in two phases. The first phase focuses solely on the merits of the individual plaintiff’s claims.

The rationale behind this approach is practical: if the plaintiff’s individual claims are found to lack merit or are otherwise disposed of early, the court and parties can avoid the significant time and expense associated with class-wide discovery.

And last week, a federal judge in the District of Colorado agreed. In Ragsdale v. Harmony Leads, Inc., No. 1:24-cv-02510-CNS-SBP, 2025 U.S. Dist. LEXIS 89239 (D. Colo. May 9, 2025), the court held:

Because there are discrete, narrow issues which may dispose of Plaintiffs’ individual claims, the court concludes that the most expeditious course is to limit discovery to those individual claims before authorizing discovery on the putative class claims. Doing so will save the resources of the parties and the court in the event that Plaintiffs' individual claims are dismissed.

Although the plaintiff’s counsel offered a well-reasoned argument that bifurcation can lead to disputes over what constitutes individual versus class discovery, the court ultimately sided with the defendant and ordered bifurcation.

TCPA class actions are a unique and procedurally complex area of law. If you’re company is defending one, ensure your counsel is well-versed in strategies like bifurcation. When applied appropriately, these tactics can meaningfully shape the trajectory of the case.