Class Action Insider

On September 30, U.S. District Court Judge Rodney Smith denied class certification in a Telephone Consumer Protection Act (“TCPA”) class action in which the named plaintiff “deceptively” prolonged calls to bolster his claims for damages. Order Denying Plaintiff’s Motion for Class Certification, Johansen v. Bluegreen Vacations Unlimited, Inc., No. 20-81076, at *10–11 (S.D. Fla. Sept. 30, 2021). This decision gives defendants a new tool, in TCPA matters and beyond, to potentially help defeat class certification.