Class certification defeated using a novel theory that class could not be ascertained

June 19, 2015

Defeated class certification in a nationwide TCPA default servicing class action in which plaintiffs sought to certify a class of non-customers based on a novel theory of TCPA “prior express consent.” The court rejected the plaintiffs legal theory on consent, and adopted our argument that the identity of the “called parties” in a non-customer class could not be reliably ascertained. The Seventh Circuit declined to review the decision.
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