Showing of Ownership, Injury Isn’t Required; Class Certification Is Approved in TCPA Case

Proof that putative class members owned a fax machine or suffered an injury is not required for certification of a class under the Telephone Consumer Protection Act, the U.S. Court of Appeals for the Seventh Circuit ruled on March 31 (Chapman v. Wagener Equities, Inc., 7th Cir., No. 14-8004).

Arnold Chapman and Paldo Sign & Display Co. brought this fax-blasting action against defendants Wagener Equities Inc. and Daniel Wagener, owners of a commercial property management company. The defendants allegedly hired Business to Business Solutions to send faxes to 10,145 individuals.

The defendants challenged the decision of the Northern ...