Judge Knocks Class Cert. Motion As Tactic To Save TCPA Case
By Juan Carlos Rodriguez
Law360, New York (September 26, 2013, 4:55 PM ET) -- A federal judge on Wednesday said it appeared that a motion to certify a class in a lawsuit accusing a catalog retailer of violating the Telephone Consumer Protection Act was filed by an attorney who was fearful the named plaintiff might settle before the case could start.
Although U.S. District Judge Karla R. Spaulding denied the motion on an unrelated technicality based on an improperly filled out service notice, she reserved a good portion of her order to make note of her perception that the motion...