Fail-Safe Class Doctrine Helps Identify Weak TCPA Classes

By Jared Marx (October 4, 2017, 4:36 PM EDT) -- In the last five years, federal courts have begun denying class certification for so-called "fail-safe" classes. The fail-safe class concept (explained below) derives from a combination of the rules of class certification and res judicata, and is not exactly intuitive. But it reveals something useful about the general weakness in many non-fail-safe class definitions under the Telephone Consumer Protection Act....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!