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STRAIGHTFORWARD: Court (Correctly) Denies Certification in TCPA Case Where Consent Posed Individualized Issues
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Recent Contributors to The National Law Review
To me certification in TCPA class actions comes down to one issue– did the numbers all come from a single identical source, or multiple sources.
The reason–as explained best by the Fifth Circuit Court of Appeals in Gene & Gene v. Bippay— is that consent is generally the central issue in a TCPA case.
Still courts struggle with this concept, and you occasionally see #biglaw screw up with a resulting certification of a multi-source TCPA class action.
Well things went the right way in Lyngaas v. Solstice, 2025 WL 2689015 (E.D.
There are a myriad of ways for Solstice to evidence contact, aside from those included in Plaintiff’s initial and current definitions, as Solstice has shown through concrete evidence.
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