TCPA Litigation Update — No Payday For Deceptive Conduct

Plaintiff Kenneth Johansen "admits that he believes that engaging in deception is appropriate behavior for a class representative," observed the Southern District of Florida on its way to denying class certification in Johansen v. Bluegreen Vacations Unlimited, Inc., No. 9:20-cv-81076-RS, Dkt. No. 95 (S.D. Fla. Sept. 30, 2021). Mr. Johansen's TCPA class action started like many others. He allegedly received calls from the defendant, engaged with the caller, and posed as an interested customer. He apparently verified information the caller had on file and requested additional information. He then allegedly received more calls before finally notifying a representative that his telephone number was registered on the National Do Not Call Registry. This conduct, concluded the Court, confirmed that Mr. Johansen was not a typical class member and demonstrated inadequacy.