Skip Tracing TCPA Problem for Debt Collector: Court Denies Class Certification; but Gives Plaintiff a Second Chance

Editor's note: This article is provided through a partnership between insideARM and Squire Patton Boggs LLP, which provides a steady stream of timely, insightful and entertaining takes on of the ever-evolving, never-a-dull-moment Telephone Consumer Protection Act. Squire Patton Boggs LLP—and all insideARM articles—are protected by copyright. All rights are reserved.

Well, here’s something you don’t like to see. A Plaintiff files a patently insufficient certification motion—lacking even basic evidence on the issue of numerosity—but is awarded both another bite at the apple and a little free guidance from the Court as to how to get the case certified. No bueno.

The case is Molinari v. Fin. Asset Mgmt. Sys., No. 18 C 1526, 2020 U.S. Dist. LEXIS 134045 (N.D. Ill.  July 29, 2020). The Plaintiff contends the defendant collection company routinely obtained skip traced phone numbers for debtors and loaded them into an autodialer for collection efforts. That sort of thing can get you in a lot of trouble.

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