Volkswagen has asked a California federal judge to decertify a subclass of customers in a class action claiming they received allegedly unauthorized service robocalls, saying their individual circumstances are too varied.
A certified class of Volkswagen owners suing over robocalls has urged a California federal court not to bend its rule restricting parties to only one summary judgment motion, saying the German automaker already wasted its only chance.
Volkswagen and a marketing company urged a California federal judge Friday to sign off on their Ninth Circuit appeal of a decision granting certification to a class of car owners who allegedly received illegal autodialed service reminders, challenging whether the named plaintiff consented to the calls, which could mean the difference of $735 million in liability.
A California federal judge on Monday certified two classes of Volkswagen owners who claim the automaker and a marketing company illegally targeted their cellphones with autodialed calls in violation of the Telephone Consumer Protection Act, but cut one of the four named vehicle owners from the suit because he agreed to be contacted.
Volkswagen dealership customers accusing the auto giant of violating the Telephone Consumer Protection Act with autodialed solicitations urged a California federal judge on Friday to grant their revised class certification bid, saying it addressed the court's concern about a change in FCC rules about obtaining consent for such calls.
Two of four people claiming Volkswagen and a marketing company violated the Telephone Consumer Protection Act with autodialed calls shouldn’t be allowed to stay in the proposed class action because they voluntarily provided their phone numbers, the companies told a California federal court Monday.
A California federal judge on Wednesday temporarily rejected a class certification bid by vehicle owners alleging Volkswagen Group of America Inc. and a marketing company autodialed them in violation of the Telephone Consumer Protection Act, finding they’d not established common questions at this point.
Volkswagen Group of America Inc. and a marketing company told a California federal judge Monday that a group of car owners and lessees accusing them of violating the Telephone Consumer Protection Act with autodialed calls aren’t entitled to class certification, saying too many individualized issues are involved.