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

In Conrad v. General Motors Acceptance Corporation, here, Judge Godbey denied Plaintiff's Motion for Class Certification in a TCPA cellular telephone case, holding that issues of consent presented individualized inquiries.  Judge Godbey explained: Even if the Court were to have found the putative class sufficiently numerous and that it satisfied the remaining Rule 23(a) requirements, the class would fail under both… Read More

In Silbaugh v. Viking Magazine Services, 2012 WL 76889 (N.D.Ohio 2012), the District Court certified a class under the TCPA related to text-messages sent to cellular telephones.  The facts were as follows.  Plaintiff Andao Silbaugh sued Viking Magazine Services under the TCPA, which prohibits the making of a phone call to a cellular telephone using an automatic telephone dialing system… Read More

In Local Baking Products, Inc. v. Kosher Bagel Munch, Inc., --- A.3d ----, 2011 WL 2793214 (N.J.Super.A.D. 2011), the New Jersey Court of Appeal affirmed denial of a TCPA class action in a junk fax case, after surveying the dozens state and federal decisions on TCPA class certification. The Court of Appeal explained: While no New Jersey case has been… Read More

In Frickco Inc. v. Novi BRS Enterprises, Inc., 2011 WL 2079704 (E.D.Mich. 2011), Judge Zatkoff denied class certification in a TCPA-fax case, explaining:   In considering Plaintiff's motion, the Court does not agree that common issues predominate over the individual ones under Rule 23(b) (3). While Plaintiff seeks to certify a class consisting of 3,787 individuals who received facsimile transmissions… Read More

In Bais Yaakov of Spring Valley v. Peterson's Nelnet, LLC, 2011 WL 1458779 (D.N.J. 2011), Judge Thompson allowed a TCPA class action to proceed in the district court under CAFA.   Here, Plaintiff's First Amended Complaint alleges diversity jurisdiction under 28 U.S.C. § 1332(d) o n the grounds that “the matter in controversy concerning the TCPA exceeds t he sum… Read More

In Landsman & Funk PC v. Skinder-Strauss Associates, --- F.3d ----, 2011 WL 1226371 (3d Cir. 2011), the Court of Appeals for the Third Circuit in a 2-1 split decision joined with other circuits and district courts to find that the TCPA’s exclusive grant of federal question jurisdiction in the state courts did not deprive the federal courts of jurisdiction… Read More

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… Read More

In Vance v. Bureau of Collection Recovery LLC, 2011 WL 881550 (N.D.Ill. 2011), Judge Dow found that Plaintiff had pleaded enough facts to proceed on a TCPA claim arising out of debt collection calls to his cellular telephone. The facts recited in the opinion were scarce, but, basically, it appears that the Plaintiff alleged that she received multiple automated debt… Read More