Judge Denies Class Certification in "Junk Fax" Case Under TCPA
Marshall Dennehey attorneys prevailed in the Philadelphia County Court of Common Pleas on a Motion for Class Action Certification in a "junk fax" case under the Telephone Consumer Protection Act (TCPA). Following a class certification hearing in March, the judge issued an order and opinion denying the plaintiff's motion. The proposed nationwide class would have been comprised of over 15,000 claimants in a case where, had the class been certified and a decision on the merits been entered for the claimants, the statutory damages alone would have been a minimum of $500 per claimant. During the evidentiary hearing, the court sustained the defendant's objection to the introduction of the plaintiff's expert report regarding the feasibility of the class certification process. In refusing to certify the class, the court found that the plaintiff failed to satisfy the requirements of numerosity/ascertainability, typicality, adequacy of representation and predominance. Of note is that, a few weeks prior to this decision, the court had certified the class in another TCPA case filed by the same plaintiff and the same plaintiff law firm.