UPDATE: Court Sets Hearing on One-Way Intervention Issue in Certified TCPA Class Action

Bad Reyes is the case that keeps on giving.

After yielding headline-worthy news on the issue of whether predictive dialers are still covered by the TCPA –notably it ruled contrary to last week's huge Pinkus decision and concluded that such dialers remain subject to the statute– it now looks like a substantive ruling on the one-way intervention doctrine is in the works.

As I wrote a couple weeks back, the Court in Reyes entered summary judgment in favor of the Plaintiff on a key substantive issue before it certified the class. That seems like a classic violation of the one-way intervention rule. The Defendant thus requested the Court reconsider certification of the class since a substantive issue had already been decided in favor of the class at the time the certification order came down, a rare–but seemingly appropriate–maneuver.

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