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CEB Prac. Guide § 2B.35: Class Actions

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District Court (Cal.) Says TCPA Claim Survives Class Representative’s Death, and Estate Can Properly Represent the Class

by Scott J. Hyman |

In Estate of O'Shea v. Am. Solar Sols., Inc., No. 14cv894-L-RBB, 2021 U.S. Dist. LEXIS 199171 (S.D. Cal. Oct. 15, 2021), Judge Lorenz substituted a deceased TCPA Plaintiff’s estate as Class Representative. Next, substitution may be made by a successor only if the claim is not extinguished by the death of the named party. Fed.R.Civ.P. 25(a)(1). The issue of survivability… Read More

District Court (Cal.) Denies Motion to Strike TCPA Class Allegations after Barr v. AAPC

by Scott J. Hyman |

In Buell v. Credit.com, No. 4:21-cv-01055-KAW, 2021 U.S. Dist. LEXIS 142763, at *1 (N.D. Cal. July 30, 2021), Judge Westmore refused to strike TCPA class allegations following Barr v. APAC.  On April 19, 2021, Defendant Credit.com, Inc. filed a motion to strike Plaintiff Angela Buell's class allegations on the grounds that the recent United States Supreme Court decision in Barr… Read More

11th Cir. Says Attorney Called 2,000 Times on Collection of Student Debt Consented to Calls

by Scott J. Hyman |

Usually, when the Court starts out this way, it doesn’t end well for the defendant: After Navient Solutions, LLC and its affiliate, Student Assistance Corporation ("SAC"), called Joel Lucoff's cell phone almost 2,000 times concerning his unpaid student loan, Lucoff sued Navient and SAC alleging violations of the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. § 227. The… Read More

District Court (Cal.) Approves “Reverse Lookup” Class Administration in TCPA Class Action

by Scott J. Hyman |

In Chinitz v. Intero Real Estate Servs., No. 18-cv-05623-BLF, 2020 U.S. Dist. LEXIS 224999, at *8 (N.D. Cal. Dec. 1, 2020), Judge Freeman approved a class administration plan in a TCPA class action that included "reverse lookup". First, Intero objects to TransUnion running a reverse lookup on the bases that this method is not reasonably calculated to notify class members… Read More

District Court (Cal.) Says California TCPA Plaintiff Properly Sued Nevada Defendant in California, But, Since Plaintiff Sought to Represent a Class, Defendant’s Venue Choice of Nevada Controlled

by Scott J. Hyman |

In Neff v. Towbin Dodge LLC, No. 2:20-cv-00261-JAM-DMC, 2020 U.S. Dist. LEXIS 217045 (E.D. Cal. Nov. 18, 2020), Judge Mendez found that a TCPA Plaintiff properly sued in his home venue. The parties agree venue is not proper in the Eastern District of California under § 1391(b)(1), as neither Defendant is a resident of California. See FAC ¶¶ 7-10; Towbin's… Read More

District Court (Ill.) Exempts Class Administration from the TCPA by Judicial Fiat; Orders Class Notice to Be Given By Text Message

by Scott J. Hyman |

In Yates v. Checkers Drive-in Rest., Inc., No. 17 C 9219, 2020 U.S. Dist. LEXIS 205241, at *8 (N.D. Ill. Nov. 3, 2020), Judge Harjani ordered class notice be given by text message in a TCPA class action. Defendants, on the other hand, contend that "providing notice via text would not be appropriate in this case, as it would potentially… Read More

District Court (Fla.) Certifies “Ringless Voicemail” TCPA Class

by Scott J. Hyman |

In Grant v. Regal Auto. Grp., No. 8:19-cv-363-T-23JSS, 2020 U.S. Dist. LEXIS 91897, at *7 (M.D. Fla. May 27, 2020) , the District Court certified a 'ringless voicemail' TCPA class. The plaintiff proposes administratively feasible methods for ascertaining class members. First, the plaintiff aims to use third-party records, which should determine the scope of the potential class with precision. Although… Read More

District Court (Mass.) Denies Certification of TCPA Wrong-Number Class

by Scott J. Hyman |

In Sandoe v. Bos. Sci. Corp., Civil Action No. 18-11826-NMG, 2019 U.S. Dist. LEXIS 183886, at *9 (D. Mass. Oct. 23, 2019), Judge Gorton denied class certification of a TCPA wrong-number class. Implicit in Rule 23 is consideration of whether the identification of potential class members is "administratively feasible." Shanley v. Cadle, 277 F.R.D. 63, 67 (D. Mass. 2011). All… Read More

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