Balthazor: Individualized Questions As To Consent Torpedo Attempt To Certify TCPA Class Action

Keywords: Balthazor v. Central Credit Services Inc., Class Certification, FDCPA, Fed. R. Civ. P. 23(b)(3), Ninth Circuit, predominance, privacy, S.D. Fla., Telephone Consumer Protection Act

Readers of this blog are likely familiar with the Telephone Consumer Protection Act ("TPCA"), the law that prohibits certain types of calls using an automatic telephone dialing system or prerecorded message. The plaintiffs' bar has filed numerous class actions seeking statutory damages under the TCPA.Businesses facing these actions should be alert for opportunities to defend themselves by invoking the TCPA's exception from liability for calls made with the "prior express consent" of the recipient.A recent decision, Balthazor v. Central Credit Services, Inc., No. 10-cv-62435 (S.D. Fla.), illustrates how this exception can be used to defeat class certification in TCPA class actions.