August 27, 2019

TCPA class decertified because robocalls were made from overseas

On August 16, 2019, the US District Court for the Middle District of Florida granted the plaintiff’s own motion to decertify the class in a case brought under the Telephone Consumer Protection Act, 47 USC §§  227(b) and 227(c) for unsolicited auto-dialed calls made to the plaintiff’s telephone number, which was registered on the national Do Not Call registry.  The court initially certified the class requested by the plaintiff, but during the discovery process, the plaintiff learned that the calls originated with an overseas call center.  The court agreed with the plaintiff that this would make obtaining the call logs and identifying the class members unfeasible.  A default judgment was also entered against the defendant, Paycron, Inc., for failure to appear and defend the action.  The named plaintiff was awarded statutory damages for each unsolicited call, for a total of $2500.