New York Law Journal Publishes Akin Gump Article on Defeating Class Certification in TCPA Cases

New York Law Journal has published the article “Defeating Class Certification in TCPA Cases,” written by Akin Gump litigation partners Neal Marder and Brian Carney and counsel Garrett Llewellyn.

The article provides an overview of the Telephone Consumer Protection Act (TCPA), which was enacted in 1991 with the purpose of banning “certain types of unsolicited phone calls, text messages, and faxes,” and details the requirements for a class action.

The authors then discuss the grounds for denying class certification in TCPA cases, which include:

  • predominance of individualized issues
  • lack of adequacy and typicality
  • findings that a class action would not be superior to alternative methods of adjudication.

Marder, Carney and Llewellyn conclude by noting that companies that face TCPA class actions “should rest assured that the failure to obtain a dismissal on the pleadings is not game over.” They offer other ways in which class certification can be defeated and advise that anyone facing such a suit should “develop a tailored strategy to defend and successfully defeat class certification based on the unique facts and circumstances of their case.”

To read the full article, please click here.