Paul Gannon, individually and on behalf of all others similarly situated v. Network Telephone Services Inc., Decade Communications Inc., Frontier Credit Inc., American Operator Services Inc.
Published: Jun. 22, 2013 | Result Date: Jun. 5, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-09777-RGK-PJW Bench Decision – Class Certification Denied
Court
USDC Central
Attorneys
Plaintiff
Beth E. Terrell
(Terrell Marshall Law Group PLLC)
Stefan L. Coleman
(Law Offices of Stefan Coleman PA)
Gretchen M. Nelson
(Nelson & Fraenkel LLP)
Defendant
Robert H. Platt
(Manatt, Phelps & Phillips LLP)
Facts
Paul Gannon filed a purported class action against Network Telephone Services Inc. (NTS), Decade Communications Inc., Frontier Credit Inc., and American Operator Services Inc. for allegedly sending unsolicited text messages using auto-dialing equipment to plaintiffs' cell phones without their prior express consent in violation of the Telephone Consumer Protection Act (TCPA). NTS was involved in the business of telephone entertainment, particularly, the pay-per-call "phone sex" and "SexText." It operated approximately 45,000 telephone entertainment lines. The other defendants provided support to NTS or were employees of NTS. Plaintiff filed a motion to certify the class.
Result
U.S. District Judge R. Gary Klausner denied class certification, finding that a class was not ascertainable and that common questions did not predominate.
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