Archive: December 5, 2016

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Courts Continue to Be Skeptical of Professional Plaintiffs in TCPA Cases

Courts Continue to Be Skeptical of Professional Plaintiffs in TCPA Cases

By Joseph C. Wylie II, Molly K. McGinley, and Lexi D. Bond

In a ruling issued on December 1, 2016, the District Court for the Central District of California denied class certification in a Telephone Consumer Protection Act (“TCPA”) case due to the putative class representatives’ status as a so-called professional plaintiff. This ruling continues a trend in which courts have significantly limited the ability of professional plaintiffs to bring TCPA class actions. Courts increasingly view professional plaintiffs’ conduct in inviting the complained-of communications as a basis to challenge these plaintiffs’ standing and rendering them inadequate class representatives.

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