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ARTICLE · 10 DECEMBER 2024

District Court Denies Class Cert In TCPA Suit On Ascertainability Grounds

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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In a win for Defendant IQVIA, Inc., accused of allegedly sending faxes in violation of the TCPA, the United States District Court for the Eastern District of Pennsylvania denied Plaintiff Brian J. Lyngaas D.D.S.'s motion for class certification, ...

United StatesLitigation, Mediation & Arbitration
Joshua Briones
Joshua Briones
Esteban Morales
Esteban Morales
Nadia Zivkov
Nadia Zivkov
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In a win for Defendant IQVIA, Inc., accused of allegedly sending faxes in violation of the Telephone Consumer Protection Act (TCPA), the United States District Court for the Eastern District of Pennsylvania denied Plaintiff Brian J. Lyngaas D.D.S.'s (Lyngaas) motion for class certification, agreeing with IQVIA that the class did not cross the Third Circuit's threshold ascertainability requirement.1

Lyngaas, who owns a dental practice in Michigan, alleged that IQVIA administered a research study called the National Healthcare Census (the NHC) and engaged a third party to send faxes in connection with the NHC to healthcare professionals.2,3 Lyngaas claimed that in 2017, he received unsolicited faxes from IQVIA regarding its NHC study, which formed the basis of Lyngaas's TCPA suit.4 Having brought the case as a class action, Lyngaas moved to certify the following class pursuant to Rule 23(b)(3):5

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