Duane Morris Class Action Review - 2023 - Report - Page 356
obtaining dismissal of TCPA claims in federal courts across the country and prompting
different theories of TCPA liability, such as messaging to minors.
II.
Significant Rulings In TCPA Class Actions
A.
Rulings Granting Class Certification
The plaintiffs’ bar was fairly successful in 2022 where they sought class certification
over TCPA issues, particularly relating to or involving robocalls. The plaintiffs’ bar won
67% of motions for class certification, and companies secured denials in 33% of the
decisions (10 of 15 motions for class certification were granted / 5 of 15 were denied).
In Adler, et al. v. All Hours Plumbing Drain Cleaning 24-7-365, 2022 U.S. Dist. LEXIS
196728 (D. Utah Oct. 26, 2022), the defendant launched a robocall campaign that
transmitted targeted, prerecorded messages to 4,999 telephone numbers with the
intended purpose of marketing the defendant’s services. Close to all of the telephone
numbers that were targeted with the prerecorded message were telephone numbers of
the defendant’s prior customers obtained through the defendant’s website or over the
phone. The defendant did not have a disclosure from any of the 4,999 individuals it tried
to contact with a robocall that authorized the defendant to call with a prerecorded
telemarketing message. The plaintiff received the prerecorded message and filed a
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© Duane Morris LLP 2023
Duane Morris Class Action Review – 2023
