Call Recipients Denied Cert. In Time Warner Robocall Case

Law360 (August 14, 2019, 8:49 PM EDT) -- A proposed class action accusing Time Warner of sending out millions of wrong-number robocalls could "devolve into thousands of mini-trials" over class eligibility if it were to be certified, a New York federal judge said Wednesday, denying certification.

The methodology that the proposed class put forth for figuring out who was subjected to the wrong-number calls is unreliable, U.S. District Judge J. Paul Oetken said in his opinion, and would mean making "significant individualized inquiries."

"Any common issues ... are overshadowed by the individual inquiries that would be required to determine whether the alleged wrong-number recipients identified by plaintiffs were eligible...

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