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District Court strikes class certification from robocall suit

Courts TCPA Autodialer Robocalls Class Action

Courts

On July 18, the U.S. District Court for the Northern District of Illinois granted a rental car company’s (defendant) motion to strike class allegations in a TCPA suit over alleged robocalls. The plaintiff, whose telephone number was listed on a rental contract between his mother and the defendant in addition to the mother’s telephone number, claimed he received multiple prerecorded messages on his cellphone from the defendant after his mother failed to return the car when it was due, even though he had allegedly opted out of the communications. The plaintiff commenced the suit, ultimately seeking certification of an amended putative class of all noncustomers who received automated calls from the defendant “where such [a] call was placed after a request to stop calling that phone number.” In August 2018, the court denied summary judgment to the defendant, who subsequently moved to strike class allegations. The court granted the defendant’s motion, stating there were too many contested facts that raised unique defenses particular to the plaintiff’s case, including (i) the type of consent to receive calls that the plaintiff’s mother gave under her contract; (ii) whether the calls to the plaintiff’s phone were robocalls; and (iii) whether and how the plaintiff revoked the consent given by his mother.

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