Citing Spokeo, Judge Blocks TCPA Class Against Pet Insurer

Law360, Chicago (August 17, 2017, 6:51 PM EDT) -- An Illinois federal judge refused Wednesday to certify a class in a Telephone Consumer Protection Act suit over a pet health insurance company's alleged robocalls, saying evidence that some individuals consented to the calls prevents them from claiming injury under the U.S. Supreme Court’s Spokeo decision.

Evidence showing that at least some of the proposed class members consented to receive calls from Pethealth Inc. or its subsidiaries would mean those people were not injured under the Spokeo standard, U.S. District Judge Robert W. Gettleman wrote in an opinion rejecting the motion for class certification. To sue as a class, the plaintiffs...

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