C.D. Cal. Court Denies Class Certification Where Employee Entered Wrong Digit

A California federal court refused to certify a putative Telephone Consumer Protection Act (TCPA) class action in a lawsuit brought by a plaintiff who received one prerecorded call in error after a gym member's phone number was entered into the system incorrectly.

A customer provided his phone number to Gold's Gym in West Covina in January 2021 to complete his membership profile. The customer signed a TCPA consent as part of the signup process. But the number entered into the system by the gym employee was one digit off from that real customer's phone number and in fact belonged to Plaintiff Joanne Bustillos, who was not a customer of the gym.

In February 2021, the gym authorized its marketing agency to send out a one-time prerecorded telephone message to former members and guests who had given their phone numbers as part of the signup process at some point. Plaintiff received one of those prerecorded messages on her cellphone from Gold's Gym West Covina