Michael Daly on Class Certification

Inherently Individualized Issues of Fact Cause Court to Deny Dismissal and Certification in Case Targeting Health Care Calls

Depending on whether you’re a glass-half-full or glass-half-empty kind of person, plaintiff and defendant both won or both lost when a judge in the Northern District of Illinois recently denied in one fell swoop both the...more

10/17/2024 / Class Certification , Consent , FCC , Healthcare , Robocalling , Summary Judgment , TCPA , Telemarketing

FTSA Litigation Trends: Federal and State Courts Diverge on Retroactivity

At a Glance - - HB 761 amended the FTSA, requiring a 15-day notice-and-cure period before a plaintiff can sue for damages from text message solicitations. - HB 761 also stated that it should be applied retroactively to...more

3/13/2024 / Class Certification , Florida , Governor DeSantis , New Legislation , Retroactivity , Standing , State and Local Government , TCPA , Text Messages

District of Oregon Finds that Ninth Circuit’s Chennette Presumption Does Not Materially Impact Class Certification Criteria

The United States District Court for the District of Oregon recently issued a significant opinion regarding the legal framework for certifying Do-Not-Call claims. See Mattson v. New Penn Financial LLC, 2023 WL 8452659 (D. Or....more

12/21/2023 / Class Action , Class Certification , Do Not Call List , FRCP 23(a) , Oregon , TCPA

Florida Appeals Court Finds Lack of Standing in State Court TCPA Case

Florida’s Third District Court of Appeal recently reversed class certification and directed dismissal, holding that the plaintiff had failed to establish any concrete harm from an alleged violation of the TCPA and thereby...more

5/22/2023 / Appeals , Class Certification , Dismissals , Florida , Putative Class Actions , Reversal , Standing , Summary Judgment , TCPA

Established Business Relationship Defense Dooms Class Allegations

The Northern District of Illinois recently granted a TCPA defendant’s motion to strike class action allegations, reasoning that individual questions of consent and the availability of the established business relationship...more

2/20/2023 / Class Action , Class Certification , Established Business Relationship , TCPA

Ninth Circuit Vacates Certification of Nationwide Classes, Holding that Defendant Did Not Waive Personal Jurisdiction Challenge by...

On August 10, 2021, a divided Ninth Circuit panel vacated a trial court’s certification of two nationwide classes, finding that the defendant had not waived its personal jurisdiction objection to class certification by not...more

8/16/2021 / Appeals , Bristol-Myers Squibb Co v Superior Court of California - San Francisco County , Class Action Arbitration Waivers , Class Certification , Federal Rules of Civil Procedure , Personal Jurisdiction , Putative Class Actions , SCOTUS , TCPA , Vacated

What’s in a Name? Not a Certified Class

The Tenth Circuit kicked off the holiday season with a little TCPA humor. In Rivera v. Exeter Finance Corp., No. 20-1031, 2020 WL 6844032, at *1 (10th Cir. Nov. 23, 2020), the Tenth Circuit Court of Appeals was confronted...more

12/10/2020 / Appeals , Class Action , Class Certification , Robocalling , TCPA

District Court Decertifies TCPA Class Due to Consent Issues

The Central District of California recently decertified a class of TCPA plaintiffs because consent issues were so individualized that the plaintiffs could not satisfy the predominance requirement. Trenz v. On-Line...more

11/10/2020 / Class Action , Class Certification , Consent , Decertification , Predominance Requirement , TCPA , Telemarketing

Court Denies Class Certification Due to Plaintiff’s Lack of Objective Criteria and Lack of Evidence

The Western District of Michigan recently denied a motion to certify a class after holding that the class was not ascertainable and the plaintiff had not offered persuasive evidence in support of the motion. Visser v....more

2/14/2020 / Ascertainable Class , ATDS , Burden of Proof , Class Action , Class Certification , Lack of Evidence , Prior Express Consent , TCPA

Court Denies Atypical Plaintiff’s Motion to Certify Unascertainable Fail-Safe Class

The Middle District of Florida has denied a motion for class certification, finding the proposed class definition would have created a fail-safe class, the class members were not ascertainable, and the plaintiff’s claims were...more

11/6/2019 / Ascertainable Class , ATDS , Auto-Dialed Calls , Class Action , Class Certification , Debt Collection , FRCP 23 , Navient , Revocation , TCPA

District Court Denies Class Certification Due to Lack of Ascertainability

Recently, the Middle District of Florida denied a motion for class certification, finding that the plaintiff had not sufficiently shown that the putative classes were ascertainable. Sliwa v. Bright House Networks, LLC &...more

10/16/2019 / Ascertainable Class , ATDS , Auto-Dialed Calls , Cell Phones , Class Action , Class Certification , FRCP 23 , Prior Express Consent , Putative Class Actions , TCPA

Court Denies Class Certification Due to Individualized Issues Regarding Recipients’ Consent to Receipt of Faxes

In E&G, Inc. v. Mount Vernon Mills, Inc., No. 17-0218, 2019 WL 4032951 (D.S.C. Aug. 22, 2019), the District of South Carolina denied class certification because individualized issues—specifically, whether recipients had...more

9/25/2019 / Class Action , Class Certification , Faxes , Franchise Agreements , Prior Express Consent , TCPA , Unsolicited Advertisements , Unsolicited Faxes

Federal Courts Continue to Split Over Whether They Have Personal Jurisdiction Over Claims Brought By Non-Forum Class Members...

For years, the plaintiffs’ bar has crammed thousands of non-forum class members into a single action in order to more easily justify broader discovery requests, and to more quickly aggregate statutory damages. And many...more

5/30/2019 / Bristol-Myers Squibb Co v Superior Court of California - San Francisco County , Class Action , Class Certification , Class Members , Mass Action , Mass Tort Litigation , Personal Jurisdiction , Split of Authority

Michael Daly

Faegre Drinker Biddle & Reath LLP

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