Court Denies Certification in TCPA Wrong Number Class Action And Shows Just Why Wrong Number Class Actions Should Never be Certified

Just a few days ago, Judge William F. Jung of the Middle District of Florida denied certification in a wrong-number TCPA class action, and tore to shreds the most common methodologies proposed by plaintiffs to ascertain wrong number class members, drove a steak through the heart of the case by finding individualized inquiries of consent will predominate where a Defendant only intends to calls actual known consenting customers , then tied it all up in a nice little bow of due process considerations.  Wilson v. Badcock Home Furniture, No. 8:17-cv-02739-T-02AAS, 2018 WL 6660029 (M.D. Fla. Dec. 19, 2018).

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The Wilson ruling is truly a holiday treat filled with so many delightful little presents.  So let’s start unwrapping those presents like my frenzied, Santa-crazed kids will soon be doing on Christmas morning!

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