Consumers Win Cert. In Cruise Marketing TCPA Suit

Law360 (March 28, 2019, 6:21 PM EDT) -- A California federal judge on Wednesday certified a class of consumers who received marketing calls on behalf of a cruise company allegedly made using an automatic dialing machine in violation of the Telephone Consumer Protection Act, finding the proposed class met the Rule 23 requirements.

U.S. District Judge Cynthia Bashant said the class of consumers accusing Royal Seas Cruises Inc. of using data from lead generation company Prospects DM to make robocalls without their consent met the requirements for certification under Rule 23(a) and Rule 23(b)(3).

The requirements for certifying a Rule 23(a) were met as the class is sufficiently numerous,...

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