TCPA Tracker: September-October 2025

I. Central District of California Denies Class Certification Over Clickwrap Consent

The United States District Court for the Central District of California denied class certification for Plaintiff's proposed Do-Not-Call class, finding that Plaintiff's circumstantial evidence regarding lack of consent failed to satisfy Rule 23(a)'s typicality requirement.

Plaintiff Paul Sapan alleged that he received seven unsolicited telephone calls on his residential phone from five individuals soliciting him to refinance his mortgage on behalf of Defendant, The Federal Savings Bank, in violation of 47 U.S.C. § 227 et seq. and 47 C.F.R. § 64.1200(c)(2). He sought certification of a nationwide class of residential subscribers on the National Do-Not-Call Registry who allegedly received two or more telemarketing calls from Defendant or its agents without prior express written consent.