In a fax lawsuit involving allegations against AT&T Mobility
LLC and AT&T Mobility National Accounts LLC
("AT&T") for violation of the Telephone Consumer
Protection Act ("TCPA"), a federal judge in the United
States District Court for the District of Connecticut recently denied a motion for class certification brought
by the former corporate owner of a Super 8 Motel, a franchisee of
Wyndham Hotel Group (the "Franchisee").
Why was class certification denied in this fax lawsuit?
This fax lawsuit originated from faxes advertising discount
cellular telephone services sent by AT&T to franchisees of
Wyndham Hotel Group. The contact information used to send those
faxes came from the franchisees themselves which, according to
AT&T, was provided with the expectation that AT&T would
contact them at such fax numbers. Notwithstanding this fact, the
Plaintiff Franchisee sought to certify a class of AT&T fax
recipients alleging that the subject faxes failed to comply
