In Versteeg v. Bennett, Deloney & Noyes, P.C., — F.R.D. – 2011 WL 159805 (D. Wyo. 2011), the Court denied class certification due to an absence of predominance of questions of fact and law common to classmembers, explaining:


For Plaintiff’s TCPA claims, the Court does not find that “questions of law or fact common to class members predominate over any questions affecting only individual members.” Rather the TCPA claims will require extensive individual fact inquiries into whether each individual gave “express consent” by providing their wireless number to the creditor during the transaction that resulted in the debt owed. See In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Request of ACA International for Clarification and Declaratory Ruling, 23 F.C.C.R. 559, 564-565 (2008). This will require an individual review of loan documents and other files related to the underlying debt obligation. These questions require individual inquiries that would predominate over the class action. For these reasons the Court finds that the TCPA class should not be certified.”).