Second Circuit Affirms Denial of Certification Because Putative Class is Unascertainable, but Holds Receipt of Phone Calls Confers Standing

LinkedInTwitterFacebookGoogle+Share

Last week, the Second Circuit, in Leyse v. Lifetime Entertainment Servs., LLC, affirmed the denial of class certification in a putative TCPA prerecorded message class action for lack of an ascertainable class. (We previously blogged about this district court decision.) Lifetime, concerned that viewership of its hit show “Project Runway” would suffer due to a channel change, hired a third-party vendor, OnCall Interactive, to contact New York City residents with a prerecorded message from the show’s host informing potential viewers of the channel change. Leyse v. Lifetime Entertainment Servs., LLC, No. 13-cv-5794, 2015 WL 5837897, at *1 (S.D.N.Y. Sept. 22, 2015). OnCall, in turn, purchased a list of phone numbers from an unknown third-party vendor; Lifetime never obtained that list. Id. at *2. Continue reading

Eastern District of Missouri Certifies Class Under Rule 23(b)(3), Rejecting Defense’s Spokeo Arguments

An Eastern District of Missouri court recently issued an opinion in Golan v. Veritas Entertainment, LLC granting class certification that adds it to the list of district courts holding that calls violating the TCPA establish concrete injuries under Spokeo. 2007 WL 193560 (E.D. Mo. Jan. 18, 2017). Continue reading