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August 2015

Class Certification Denied in TCPA Case

On August 26, 2015, partner Sean P. Flynn and associate Allison J. Fernandez obtained an Order in the TCPA Class Action matter of Blair v. CBE Companies, denying Plaintiff’s Class Cert Motion. The case involved three named Plaintiffs, all of whom claimed that they never provided their cellular telephone numbers to their creditors, who received telephone calls from CBE regarding their past due accounts with various creditors.  Plaintiffs’ claimed that there were potentially 500 Million telephone calls at issue during the Class Period. 

Gordon & Rees worked with the underlying creditors and we were able to confirm that two of the Plaintiffs did provide their cellular telephone numbers to their creditors.  Those creditors also provided supporting declarations to oppose Plaintiffs’ Class Cert Motion.  The third Plaintiff admitted in her deposition that she provided her cellular telephone number to her creditor (she later tried to recant that testimony, but the Court rejected that effort).

The Court focused on the evidence presented and concluded that: “Plaintiffs appear to dispute the merits of [CBE’s evidence of consent], arguing neither Plaintiffs Blair, Deal, nor Collins ever consented to receive calls from Defendant and citing evidence that contradicts Defendant’s position. The Court reiterates that at the certification stage, it expresses no opinions on the ultimate merits of the consent issue. However, Plaintiffs’ arguments, including the evidence cited in support of their position, illustrate the need for “mini-trials” into whether each class member provided his or her phone number to the underlying creditor.”

Sean P. Flynn