Nutrisystem Defeats Class Cert. Bid In Call Recording Suit

Law360, Los Angeles (April 8, 2013, 10:19 PM EDT) -- A California federal judge on Monday tossed a bid for class certification in suit accusing weight loss company Nutrisystem Inc. of recording customers’ phone calls without telling them they were being recorded, saying the plaintiff had failed to satisfy the criteria for certification.

U.S. District Judge Cormac J. Carney said plaintiff Raquel Torres had failed to show commonality or predominance because the answers to common questions such as whether Nutrisystem recorded confidential phone calls and obtained a caller’s consent before doing so would vary significantly and...
To view the full article, register now.