On January 25, the FTC hosted a virtual tech summit focused on artificial intelligence (AI). The summit featured speakers from the FTC––including all three commissioners––software engineers, lawyers, technologists, entrepreneurs, journalists, and researchers, among others. First, Commissioner Slaughter spoke on how there are three main acts that led to where we are today in creating guardrails for AI use: first, the emergence of social media; second, industry groups and whistleblowers rang the alarm on data privacy and forced regulators to play catch-up; third, regulators must now urgently grapple with difficult social externalities such as impacts on society and political elections.

The first panel discussed the various business models at play in the AI space. One journalist spoke on the recent Hollywood writers’ strike, opining that copyright law is a poor legal framework by which to regulate AI, and suggested labor and employment law as a better model. An analyst at a venture capital firm discussed how her firm finds investment opportunities by reviewing which companies use a language-learning model, as opposed to the transformer model, which is more attractive to that firm.

Before the second panel, Commissioner Bedoya discussed the need for fair and safe AI, and said that in order for the FTC to be successful, it must execute policy with two topics in mind: first, people need to be in control of technology and decision making, not the other way around; and second, competition must be safeguarded so that the most popular technology is the one that works the best, not just the one created by the largest companies.

During the second panel, a lawyer from the CFPB spoke on how the CFPB is doing “a lot” with regards to AI, and that the CFPB gives AI technology no exceptions in the laws it oversees. The CFPB recently issued releases on how the “black box” model in credit decision making needs to be fair and free from bias. When discussing future AI enforcement actions, the CFPB lawyer said in a “high-level” way that AI enforcement is currently “capacity building”; they are building out their resources to be more intellectually diverse, including having recently created their technologist program. 

MANCHESTER, UK — NotifyNOW
& E.ON Next have won the Technology Development Award at the Chartered
Institute of Credit Management’s 2024 British Credit Awards.

NotifyNOW,
developed by The Estate Registry, is being delivered to UK creditors in
collaboration with Phillips & Cohen Associates, a business dedicated to the
management of deceased accounts.

NotifyNOW
has worked with E.ON Next to deliver a pioneering online platform which
supports people who have been bereaved and estate representatives.

The
digital, self-serve platform gives representatives of the deceased the option
to notify E.ON Next when a customer has passed, which they can do easily and at
a time that is convenient to them. 

Tracey
Smith, Third Party Commercial Manager at E.ON Next, said: “We have worked with
PCA for more than 15 years and they have supported us and our customers in many
ways, not least the training of our staff to better manage customers at what is an
extremely emotional and difficult time. NotifyNOW is another way in which we
are trying to help our customers by making the process of passing on essential
information to us as easy and convenient as possible.”

Nick
Cherry, Chief Operating Officer at PCA, says he is delighted to see this new
solution win another award for the impact it is having on real people: “The
intricate administrative protocols that a bereaved person must navigate
following the loss of a loved one is a burden on their emotional state and on
their time,” he explains. “While we know just how important it is for the
people whose job it is to help them to be compassionate, we also know that
technology can play a significant part in reducing this burden and reducing
some of the unwelcome stress that comes with bereavement.”

This
award follows recognition at the Credit Service Association’s Awards, where
NotifyNOW & E.ON Next won the innovation Award and the Credit Strategy’s
Vulnerability Awareness Gala where the partnership was awarded Best Use of
Technology.

NotifyNOW
and E.ON Next continue to work on the findings reported by the UK Commission on
Bereavement, which highlighted the need for better solutions to support
individuals through bereavement. Almost two out of three (61%) adult
respondents have difficulties with at least one practical or administrative
task following a death.

The awards were held at the Royal Lancaster, London on Thursday 1
February.

About Phillips & Cohen Associates,
Ltd.

Phillips & Cohen Associates, Ltd. is a specialty receivable management
company providing customized services to creditors in a variety of unique
market segments.  Phillips & Cohen Associates, Ltd is domestically
headquartered in Wilmington, DE, with additional offices in Colorado and
Florida as well as international offices in the UK, Canada, Germany, and
Australia.  For more information about Phillips & Cohen Associates
visit www.phillips-cohen.com. PCA provides Equal Employment
Opportunity for all individuals regardless of race, color, religion, gender,
age, national origin, disability, marital status, sexual orientation, veteran
status, genetic information, and any other basis protected by federal, state,
or local laws.

On January 2, the Consumer Financial Protection Bureau (CFPB) filed an amicus curiae brief urging the U.S. Court of Appeals for the First Circuit to reverse a district court’s decision finding that a debt collector lacked the requisite knowledge and intent to violate the Fair Debt Collection Practices Act (FDCPA) when it sent a debt-collection communication prior to any knowledge of the debtor’s bankruptcy filing.

As discussed here, in Carrasquillo v. CICA Collection Agency, Inc. (CICA), a district court for the District of Puerto Rico dismissed a debtor’s case with prejudice, finding the debt collector lacked the requisite knowledge and intent to violate § 1692e of the FDCPA. Specifically, the debtor did not notify the debt collector, CICA, of his bankruptcy filing prior to the debt-collection communication at issue. Although the creditor, Claro Puerto Rico (Claro), was listed on the bankruptcy petition, Claro also failed to inform CICA of the bankruptcy filing.

After receiving the debt-collection communication, the debtor, through his bankruptcy attorney, filed suit against CICA for violation of § 1692e. The plaintiff alleged that at the time CICA mailed the debt-collection letter to him, CICA knew or should have known that he had filed for bankruptcy and was under the protection of the Bankruptcy Code. The district court found that “a debt collector’s unknowing violation of an automatic [bankruptcy] stay does not transform an otherwise accurate collection letter into a ‘false representation’ within the meaning of § 1692e,” and that a “false representation under § 1692e(2)(A) requires that the misrepresentation be intentional.” The court found that the provision prohibiting debt collectors from using false or misleading representation in the collection of any debt was not intended to punish debt collectors for failing to discover a debtor’s bankruptcy filing, but was instead intended to prohibit only knowing or intentional conduct by debt collectors. The debtor appealed.

The CFPB argues in its brief that the text of § 1692e’s general prohibition against debt collectors using “any false, deceptive, or misleading representation or means in connection with the collection of any debt” does not include a scienter requirement. In other words, “Congress did not expressly require that the representation be knowingly or intentionally false, deceptive, or misleading to violate that prohibition.” In support, the CFPB points to the FDCPA’s bona fide error provision. Section 1692k provides that a debt collector may avoid liability “if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.” According to the CFPB, there would be no reason for Congress to include the language about “procedures reasonably adapted to avoid any such error” if showing that a violation was unintentional was sufficient to avoid liability. The CFPB therefore urges the appellate court to reverse the district court’s decision to dismiss the debtor’s FDCPA claims based on CICA’s lack of scienter.

Troutman Pepper’s Take:

The fundamental principle of the automatic stay is that a violation must be willful to be actionable. The CFPB’s position would essentially turn that principle on its head. In practice, it would force creditors and debt collectors to perform case searches for bankruptcy filings before ever sending out a demand letter, potentially imposing significant costs, and would remove the onus from debtors to provide notice to their creditors in order to receive the protection of the stay.

CINCINNATI, OH – Slovin & Associates, a creditors’ rights law firm operating in Ohio, Kentucky, and Indiana with a headquarters in Cincinnati, is proud to support its community through various outreach events. Over the last several months, the organization has specifically sought to provide relief for those struggling with both finding homes and staying comfortable within them. 

At the tail end of 2023, Slovin & Associates provided financial support for the New Life Furniture Bank’s Annual Gala for the fifth year in a row. New Life seeks to provide formerly homeless people, who are now housed, with gently used and/or new furniture donated by the community. 

During the onset of 2024, Slovin & Associates once again committed to be silver sponsors for the Great Cincinnati Northern Kentucky Apartment Owners Association Outreach Program, which provides relief to families and individuals in emergency housing situations. 

New Life Furniture Bank

The New Life Furniture Bank plays a crucial role in addressing the challenges faced by those transitioning from homelessness or facing financial hardships. Through the provision of essential furniture items, the organization not only offers material support but also empowers individuals to create a sense of stability and comfort in their homes. Slovin & Associates’ financial commitment reflects a deep understanding of the interconnectedness between social responsibility and corporate success, emphasizing the notion that businesses can serve as catalysts for positive social impact.

“Our support of the New Life Furniture Bank aligns with our core values of compassion and community building,” said Randy Slovin, a partner at Slovin & Associates. “We believe that every person deserves a dignified and comfortable living space, and by supporting the New Life Furniture Bank, we are contributing to the creation of stronger, more resilient communities. It is not just about financial assistance; it’s about investing in the well-being and potential of our neighbors and fostering a culture of care that extends beyond business boundaries.”

Through this sustained partnership, Slovin & Associates has not only provided financial assistance but has also demonstrated a deep-rooted belief in the New Life Furniture Bank’s mission to uplift individuals and families facing housing insecurities. The extended support over the years has allowed the Furniture Bank to expand its reach, ensuring that a greater number of community members can benefit from the essential services it offers.

Helping Those in Need

Slovin & Associates’ commitment to the Apartment Owners Association Outreach Program holds immense significance in addressing the urgent needs of families and individuals facing emergency housing situations. As silver sponsors, Slovin & Associates not only provides crucial financial support but also lends their influence and reputation to amplify the reach and impact of the program. 

The organization recognizes the pressing importance of stable housing as a fundamental human right. By channeling resources towards this Outreach Program, Slovin & Associates actively contributes to the creation of a safety net for vulnerable community members, helping to alleviate the immediate challenges associated with housing insecurity.

Supporting The Greater Community

By aligning with initiatives that address emergency housing situations and provide essential furnishings for those in need, Slovin & Associates recognizes the pivotal role stable housing plays in enhancing individuals’ quality of life. The company understands that supporting these organizations goes beyond financial contributions; it signifies a dedication to creating a more equitable and compassionate society. 

Through their involvement with programs like the Outreach Program and the Furniture Bank, Slovin & Associates actively contributes to building resilient communities, where individuals facing adversity can find the support and resources necessary to rebuild their lives. 

About Slovin & Associates

Slovin & Associates, Co., LPA aims to achieve the highest rating for creditors’ rights law firms in Ohio, Kentucky, and Indiana by obtaining expeditious and cost-efficient results in a professional and low-maintenance environment for their clients in the fields of collections, commercial and consumer litigation, bankruptcy, leasing and landlord-tenant law, and Fair Debt consulting.

NEW YORK, N.Y. — Auriemma Roundtables is pleased to announce that Sheldon Stewart has been named Co-Director of the Consumer Relations Consortium (CRC) and Editor of the Collections and Recovery Newsletter. With over 25 years of experience working with and managing various aspects of the collections process at industrial banks, Sheldon is a tremendous asset to the industry advancement efforts of the CRC and the Collections and Recovery Subscribers.

As co-director of the CRC, Sheldon will be integrated into the leading debt collection industry group that believes that debt collection and consumer protection are not mutually exclusive ideas; they can and should co-exist. Additionally, Sheldon will oversee the content for the Collections and Recovery Newsletter, which focuses on news and information relevant to creditors and others collecting in the first-party space.  

Sheldon currently oversees several Collections and Risk-focused Roundtables for Auriemma Roundtables. Previously, he has managed settlement operations, collection and recovery, fraud, credit reporting, auto/recreational lending, vendor management, and enterprise risk at Merrick Bank, GE Capital, and Discover/Morgan Stanley, among others. He has held positions in operations, finance, business process outsourcing, risk, marketing, and fraud. Additionally, Sheldon has expertise in process automation and integration. He has a BS degree in Finance from the University of Utah and an MBA in Global Management from the University of Phoenix.

“I am excited for this opportunity to connect with CRC members and reestablish long standing relationships,” Sheldon said. “I look forward to leveraging my experience in the industry and Roundtable insights within the CRC and with Collections & Recovery Subscribers.”

Missy Meggison, editor of insideARM and Director and General Counsel at Auriemma Roundtables, will co-direct the CRC alongside Sheldon.

“Sheldon’s wide breadth of experience will bring unique operational insight to Consumer Relations Consortium members,” Missy said of the announcement. “I’m looking forward to seeing how Sheldon utilizes his deep understanding of operations strategies to work with CRC members to create operational initiatives that improve productivity, advance the debt collection industry, and benefit consumers. Further, as a banking industry veteran, Sheldon understands which news updates are crucial for those collecting in the first-party space and will be able to bring the news that truly matters to C&R subscribers weekly.”

About Auriemma Roundtables

Auriemma Roundtables is the leading business intelligence provider to financial services companies. We give leading financial services companies access to the right people and data to help them optimize their business practices, maximize efficiency, and navigate complexity. The result for members? Solutions that work for them, measurable ROI, and a roadmap for the future. Learn more at www.roundtables.us

About the Consumer Relations Consortium

The Consumer Relations Consortium (CRC) is an organization comprised of more than 60 national companies representing the diverse ecosystem of debt collection including creditors, data/technology providers and compliance-oriented debt collectors that are larger market participants. Established in 2013, CRC is evolving the debt collection paradigm by engaging stakeholders—including consumer advocates, Federal and State regulators, academic and industry thought leaders, creditors and debt collectors—and challenging them to move beyond talking points and focus on fashioning real-world solutions that actually improve the consumer experience. CRC’s collaborative and candid approach is unique in the market.  

Learn more at www.crconsortium.org.

About Collections and Recovery

Collections & Recovery focuses on collections strategy and digital collections from the creditor’s point of view. Every Thursday, Collections & Recovery sends out an exclusive email packed with analysis on the newest trends in collections strategy, the shift to digital collections, best practices for vendor management, and deep-dives into regulatory and compliance issues that matter to creditors and those collecting in the first-party space. The only way to get it is to subscribe here.

On January 11, 2024, the House Financial Services Committee announced the formation of a bipartisan Working Group on Artificial Intelligence (“AI”). The working group is to be led by the Chairman of the Digital Assets Financial Technology and Inclusion Subcommittee, French Hill, along with the Subcommittee ranking member Stephen Lynch. This group is designed to address a number of the directives contained in President Biden’s Executive Order on AI issued in October 2023.

The Group will focus on AI’s impact on the financial services and housing industries. A core purpose will be to educate Committee members as to both the potential risks and benefits of AI. Also, it will strive to help the Committee find ways to “leverage AI to foster a more inclusive financial system.” Specifically, the group will explore “the development of new products and services, fraud prevention, compliance efficiency, and the enhancement of supervisory and regulatory tools, as well as how AI may impact the financial services workforce.”

The creation of this group coincides with similar AI efforts by federal agencies, including the FTC and FCC, as well as state agencies such as the California Privacy Protection Agency. It also immediately follows the European Union’s passage of its comprehensive AI legislation, the EU AI Act. Entities seeking to develop or implement AI tools will have to remain vigilant to stay on top of the rapid regulatory developments in this field.

The Consumer Financial Protection Bureau (“CFPB”) and Attorneys General from seven states recently obtained a temporary restraining order (“TRO”) against a debt-settlement enterprise and forced it into receivership.

Highlights:

• The complaint alleges that an enterprise of connected companies (the “Company”) collected illegal advance fees from consumers and falsely guaranteed legal services to provide debt relief.

• The complaint aims to halt the alleged illicit activities of the Company and compel the Company to pay redress to affected consumers and a civil money penalty.

• A federal district court granted a temporary restraining order against the Company and forced it into receivership on January 11, 2024.

Case Summary: 

On January 10, 2024, the CFPB and Attorneys General from seven states filed a complaint against the Company and the individuals in charge for allegedly operating a debt-relief scheme that has been harming consumers since January 2016. The complaint alleges violations of the Telemarketing Sale Rule (“TSR”), the Telemarketing and Consumer Fraud and Abuse Prevention Act (“Telemarketing Act”), and the Consumer Financial Protection Act of 2010 (“CFPA”).

The complaint noted two particular instances of harm towards consumers: (1) charging illegal advance fees and (2) falsely claiming that lawyers will provide debt relief on their behalf. The CFPB alleges that the Company charges and collects pre-determined fees prior to any debts being settled and without any connection to the settlements or debt-relief savings. To date, over $100 million has been allegedly collected by the Company prior to any of it going towards debt-relief payments.

The other instance of ongoing harm alleged is the Company’s claim to consumers that lawyers will aid in their debt-relief. According to the complaint, the Company allegedly leads consumers to believe that lawyers are hired to negotiate their debt-relief payoff amounts; however, it is the Company and its employees, who are not licensed attorneys, conducting these negotiations, not lawyers.

The CFPB, by its authority under the Consumer Financial Protection Act, sought a temporary restraining order, which was granted by the U.S. District Court for the Western District of New York. The complaint seeks further redress including restitution to affected consumers and a civil money penalty. The court’s TRO also placed the Company into receivership. The Company filed a motion to dissolve the TRO on January 18; the case is ongoing.

Resources:

You can review all of the relevant court filings and press releases at the CFPB’s Enforcement Page.

• Complaint
• CFPB Press Release

Enforcement Alerts by Hudson Cook, LLP, written by the attorneys in the firm’s Government Investigations, Examinations and Enforcement and Litigation practice groups, are provided to keep you informed of federal and state government enforcement actions and related actions that may affect your business. Please contact our attorneys if you have any questions regarding this Alert. You may also view articles, register for an upcoming CFPB Bites monthly webinar or request a past webinar recording on our website.

—–

Hudson Cook, LLP provides articles, webinars and other content on its website from time to time provided both by attorneys with Hudson Cook, LLP, and by other outside authors, for information purposes only. Hudson Cook, LLP does not warrant the accuracy or completeness of the content, and has no duty to correct or update information contained on its website. The views and opinions contained in the content provided on the Hudson Cook, LLP website do not constitute the views and opinion of the firm. Such content does not constitute legal advice from such authors or from Hudson Cook, LLP. For legal advice on a matter, one should seek the advice of counsel.

CLEVELAND, OH — McGlinchey Stafford is pleased to announce the addition of Tom Henderson to the firm’s Creditors’ Rights, Financial Restructuring, and Bankruptcy team within the Financial Services Litigation practice. With over 35 years of experience in bankruptcy law in private practice and with PNC Bank, Tom brings a wealth of knowledge and a distinct, holistic approach to solving bankruptcy problems for the firm’s clients. Tom is one of the 50 new attorneys McGlinchey welcomed in 2023, as part of its focused recruitment initiative aimed at expanding its nationally recognized team.

“Every conversation I had with McGlinchey attorneys confirmed this was the best next stop in the journey of my evolving practice,” Tom said. “I am glad to join such a powerhouse of nationally recognized attorneys counseling the financial services industry.”

Tom joins McGlinchey with significant in-house legal counsel experience, having worked most recently at PNC Bank. He primarily focuses on consumer bankruptcy, serving the sophisticated legal and compliance needs of banks, servicers, investors, and secured creditors. His private practice experience involved the financial services industry, where he handled consumer bankruptcies, foreclosures, consumer finance litigation, and appeals. This diverse background enables him to adeptly navigate complex cases and deliver comprehensive solutions. Licensed in Ohio, Tom is affiliated with McGlinchey’s Cleveland office.

“Adding Tom to our team enhances the top-tier legal services our team provides,” said Shaun Ramey, Chair of McGlinchey’s Financial Services Litigation Group. “His unique perspective, shaped by representing creditors, debtors, and trustees as both in-house and outside counsel, aligns well with our mission to offer clients practical, forward-thinking solutions.”

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In his role at PNC Bank, Tom worked closely with leadership to steer significant enhancements in consumer bankruptcy practices and adeptly navigating complex regulatory landscapes. His skill in leveraging value from difficult situations sets him apart and underscores his commitment to advancing institutional operations with a strong understanding of the client’s needs.

“We are excited to have Tom join our team,” said Kelly Lipinski, Managing Member of McGlinchey’s Cleveland office. “His extensive, varied experience in bankruptcy and consumer finance law, coupled with his ability to turn challenging situations into opportunities, makes him an invaluable asset not only to our team in Ohio but also to our clients nationwide.”

Tom Henderson’s arrival marks a significant addition to McGlinchey’s growing team, further strengthening the firm’s national reputation for excellence in financial services litigation.

About McGlinchey

McGlinchey Stafford is a premier midsized business law firm offering services in more than 30 practice areas through a highly integrated national platform. McGlinchey attorneys leverage bold innovation, diverse talent, and leading-edge technology across our powerful network to serve clients at the local, regional, and national levels. With 170 attorneys licensed in 34 states, McGlinchey operates from 17 offices nationwide. The firm currently has 24 attorneys and 12 practice areas recognized in Chambers U.S.A. and Chambers FinTech 2024, and 65 attorneys recognized by Best Lawyers, 40 attorneys recognized in various Super Lawyers rankings, 47 practice areas recognized by Best Law Firms. In 2023, McGlinchey became Mansfield Certified and was ranked in the top 30 firms nationally in 3 categories of the Best Law Firms for Diversity by Vault. To learn more, visit www.mcglinchey.com.

HOUSTON, TX — InteLogix is pleased to welcome John Watson as the Senior Vice President of Financial Shared Services (“FSS”). With 20 years of comprehensive experience in the ARM industry, John’s arrival is a significant step toward enhancing and fortifying the growth of several strategic elements of our business. John will be responsible for building a best-in-class, digital-first ARM business to complement the company’s leading CX business, providing seamless experiences for our clients’ customer journey. 

John’s leadership in financial services commenced at Ernst & Young, where he specialized in accounting, strategy consulting, and M&A advisory. His most recent role before joining InteLogix was at InDebted, a global, digital-first accounts receivable management organization. Over nearly three years, John served first as  US CEO and then as global Chief Commercial Officer. Prior to InDebted, John spent over a decade at ARS National Services, building the company into one of the largest, highest performing, and most respected third-party recoveries firms in the US. Driving substantial growth and spearheading innovation has been the hallmark of John’s career. 

Mario Baddour, President and CEO, stated, “Guided by John’s visionary leadership, we are rapidly achieving significant milestones in actualizing our progressive strategy. Our focus on optimizing revenue recovery and safeguarding the customer experience is now propelled by smart solutions driven by our team of consultative advisors. This marks a decisive step forward in our commitment to excellence and innovation as we forge a path toward unparalleled success.”

About InteLogix

InteLogix is an established industry leader with over 65 years of service delivery excellence, specializing in providing tailor-made strategies to solve clients’ underlying needs to maximize results. Their smart solutions are trusted daily by clients in diverse industries, delivering a unique advantage of bringing business expertise, innovative ideas, and best practices to their clients’ programs of varying complexity and scope.

On January 18, a court in the Eastern District of Wisconsin denied class certification in a Telephone Consumer Protection Act (TCPA) case concluding that the factual issue of whether the proposed class members had suffered an injury-in-fact sufficient to confer Article III standing based on the receipt of a ringless voicemail was an individualized issue that would predominate over common issues.

The plaintiff, an insurance agent from Wisconsin, alleged that Advisors Ignite USA LLC violated the TCPA by using ringless voicemail technology to leave prerecorded messages on his cell phone advertising marketing events hosted by the defendant touting ways to “substantially increase his income.” The plaintiff’s name and phone number were included on a list of insurance agents that the defendant had purchased from an industry data provider, which led to the plaintiff — and thousands of other insurance agents — receiving a ringless voicemail message.

The plaintiff moved to certify a class of “[a]ll persons in the United States who (1) were called one or more times by Advisors Ignite (2) from March 17, 2022 to June 30, 2022 (3) with a ringless voicemail from SlyBroadcast (4) on their cellular telephone number with an area code starting with 7, 8, or 9 that had not been ported in the 15 days prior to either call.”

The court analyzed each of the Rule 23 factors in deciding whether to certify the class and found that the plaintiff established numerosity (which was not disputed) and adequacy of representation (which was disputed). However, “at least as to the issue of standing, common issues of fact do not predominate.” The failure to establish commonality and predominance on the issue of standing also led the court to find that the typicality and superiority requirements had not been met.

Specifically, the court found that while the plaintiff may have sufficiently alleged that he suffered an injury-in-fact to confer Article III standing by pleading that he experienced “annoyance, nuisance, and invasion of privacy” among other alleged injuries, his assumption that every insurance agent who received the ringless voicemail suffered the same harm he claimed was untenable. Indeed, the court opined that:

“[P]resumably some of the recipients of the messages [Advisors Ignite] sent were happy to receive them. They may have even followed up by calling Advisors Ignite. Some may in fact have benefitted from receiving the information Advisors Ignite provided. Even those that did not call may have felt unharmed by learning of what was offered and were not annoyed or harmed. They may well have found the information worth the little effort it takes to delete a message after it is received.”

The court concluded that the factual issue of whether the class members had suffered an injury-in-fact sufficient to confer Article III standing was an individualized issue that would predominate over common issues, thus undermining his efforts to establish commonality and predominance.

Having found a lack of commonality and predominance as it related to standing, the court went on to conclude that the plaintiff was similarly unable to satisfy the typicality requirement because “[t]he question of whether each member of the proposed class suffered an injury in fact is so particularized as to make resolving it on a class wide basis difficult, if not impossible.”

Finally, these shortcomings in the plaintiff’s certification arguments ultimately led the court to find that a class action lawsuit was not superior to other available methods for the fair and efficient adjudication of the controversy.

Troutman Peppers’ Take:

This decision highlights that the injury-in-fact necessary to confer Article III standing is not a one-size-fits-all proposition and provides another helpful decision to use in opposing class certification in TCPA cases. What annoys one person may intrigue another. For the plaintiff in this case, the court’s denial of class certification sent another message he was unlikely to appreciate: speak for yourself.