The Northern District of Illinois denied certification of a class in a claim brought pursuant to the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. Sec. 227. Plaintiff alleged that defendant violated the TCPA by sending it unsolicited faxes promoting defendant's catering services. In discovery, plaintiff obtained a fax log demonstrating that Defendant sent 3,000 faxes to 106 unique fax numbers. Plaintiff also obtained a template fax that defendant allegedly used ... Keep Reading »
Numerosity Class Action Articles
The latest class action developments and trends in numerosity, including news, key cases, and strategies.
The District of Colorado declined to certify a class in a case against Dollar Rent A Car where the Plaintiff alleged Dollar tricked renters into buying Loss Damage Waiver ("LDW"), supplemental liability insurance ("SLI"), and roadside assistance ("Roadsafe") (collectively "Add-On Products") that they had declined, or charged them without proper consent or contrary to disclosure requirements. Plaintiff alleged Dollar violated the Colorado Consumer Protection Act and ... Keep Reading »
The Second Circuit affirmed the district court’s denial of class certification of a class of investors based on the appellants’ failure to satisfy the numerosity and commonality requirements of Rule 23(a). Following the collapse of the Cheyne SIV in 2007, a structured investment vehicle structured by Morgan Stanley, the appellants sought to certify a class of sophisticated institutional investors that purchased notes from the SIV between 2004 and 2007. The class action ... Keep Reading »
In 2008, investors in the Parkcentral hedge fund lost as much as $3 billion dollars when Parkcentral’s investment in commercial mortgage-backed securities (“CMBS”) was devalued. The investors, limited partners of Parkcentral, sued employees of Parkcentral’s general partner alleging that they breached fiduciary duties by making material misrepresentations and omissions regarding the nature of Parkcentral’s investments and hedging strategy. In particular, the investors ... Keep Reading »
The relatively light burden of proving numerosity under Rule 23(a) cannot be satisfied with speculative testimony, even if an expert does the speculating, says the Southern District of Florida. In a putative class action brought for violations of the Telephone Consumer Protection Act, plaintiff sought damages for receiving unwanted advertisements via text message by the defendant’s alert service. Plaintiff moved to certify a class of Florida telephone subscribers who ... Keep Reading »