In a Telephone Consumer Protection Act (TCPA) case, the United States District Court for the Southern District of Ohio struck plaintiff’s class action allegations because Plaintiff proposed a “fail-safe” class in which membership was dependent on the validity of the putative class member’s claim. A fail-safe class is impermissible because it includes only those who are entitled to relief. Either the class members win on the merits, or by virtue of losing, they are not in ... Keep Reading »
Telecommunications Class Action Articles
The latest class action developments and trends in the telecommunications industry, including news, key cases, and strategies.
The U.S. District Court for the Northern District of California denied certification in a false advertising case brought under California’s False Advertising Law (FAL), Consumers Legal Remedies Act (CLRA) and the Unfair Competition Law (UCL) because the plaintiff failed to satisfy Rule 23(a)’s commonality requirement. The plaintiff alleged that the defendant developed, encouraged, and promoted three Unlimited Download Websites that offered media titles for a one-time ... Keep Reading »
The Eastern District of Virginia weighed in on the split among federal district courts as to whether affidavits in support of or in opposition to motions for class certification must be based on personal knowledge. The affidavit in question began with the boilerplate predicate, “I have personal knowledge of the matters discussed below,” but the affiant admitted later in deposition that he did not. In fact, the affiant conceded that he simply signed a document prepared by ... Keep Reading »