OLD NEWS: Court Refuses to Strike Class Allegations in TCPA Suit Against Advertiser Pitching Milwaukee Journal Sentinel Subscriptions

Nobody reads the newspaper anymore. Not even the Czar, and not even Jean Zoulek.

For forty years–40!–Zoulek had a subscription to the Milwaukee Journal Sentinel but just last June she’d decided she didn’t need it anymore, and she cancelled her subscription (I blame Rocket Money.)

The newspaper was understandably horrified–I assume–and hired a marketing company to get Zoulek (and presumably others) back into the fold. *pun fun*.

Apparently the blandly-named marketing company–A Marketing Resource, LLC–continued to call her after repeated requests that she calls stop. That resulted in Plaintiff filing a TCPA class action lawsuit against A Marketing Resource–way too literal guys–related to unwanted marketing calls.

AMR moved to strike the class allegations but the Court denied the motion concluding that its records may very well demonstrate a class here. The Court also determined that the Plaintiff may amend the class definition later to avoid issues raised in the motion and that certification was not necessarily doomed to failure.

On the other hand the Court DID strike the 23(b)(2) claim for injunctive relief determining that the essence of the claim in the suit was to recover money. And such a class may not be certified in a case seeking monetary damages.

So the case proceeds against AMR on a classwide basis–but not on an injunctive basis. That’s something, I suppose.

Happy Hump TCPAWorld.



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