For-Profit University Can't Block TCPA Class Claims Yet

By Hannah Meisel (September 8, 2016, 7:54 PM EDT) -- An Illinois federal judge on Thursday refused to toss class allegations that for-profit college American Intercontinental University Inc. used illegal telemarketing to recruit students, saying the move is premature.

The proposed class includes everyone in the U.S. who received an automatic telemarketing call from AIU over the past three years. Judge Sara Ellis said AIU must wait to file the motion to dismiss the class allegations until after the proposed class moves for certification.

AIU argued that plaintiff Amy Mauer's putative class qualifies as "fail-safe," which depends on defendants' liability. Because a lack of consent is a requirement for liability under...

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