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GIRIFALCO v. EMPIRE TODAY, LLC

E.D. Pa. · No. 2:26-cv-05272

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No federal docket timeline hydrated for this case yet (state-court settlements have no RECAP docket).

Our records for this case (1)

MatterTypePractice areaCourtDateValue
EMPIRE TODAY, LLCsource ↗
filed by Perrong Law LLC · Judge Michael M. Baylson · No. 2:26-cv-05272 · 47:227 Restrictions of Use of Telephone Equipment · view case timeline →
Comparable settlements $20.50M–$76M ▾
TCPA robocall/text claims show split outcomes: Howard v. RNC and Hulce v. Zipongo were dismissed on narrow technical grounds (prerecorded-voice definition, 'telephone solicitation' scope), while League of Women Voters v. Kramer survived MTD on similar robocall theory. Empire Today's alleged conduct (commercial telemarketing) lacks the legislative-immunity or healthcare-exemption defenses that sank other cases.
Comparable settlements $20.50M–$76M median $36.20M · n=10
Caribbean Cruise L $76M · Dish Network $61M · US Coachways $49.90M
Per member (realized): ~$30 median · $10–$500 (n=3)
Comparable verdict: Dish Network, L.L.C. $61M · ccAdvertising $32.42M
Key precedent: League of Women Voters v. Kramer (D.N.H.) — TCPA robocall claim survived MTD, most factually analogous to a commercial telemarketing defendant like Empire.
Main risk: Dismissal on technical TCPA definitional grounds (e.g., 'telephone solicitation' or prerecorded-voice scope) as in Hulce v. Zipongo and Howard v. RNC.
Rough EV model (wide — class size is the big unknown, not a prediction): $250K–$18.75M
Small, heterogeneous comparable set; no Empire Today-specific rulings or settlements exist, so figures are broad extrapolations. · grounded in 10 rulings, 10 settlements, 2 verdicts
FilingRobocalls & Texts (TCPA)E.D. Pa.2026-07-27$20.50M–$76M
comparable settlements