Consumers alleging that Northcoast Warranty Services Inc., Amtrust North America Inc., and other companies made marketing calls offering auto warranties in violation of the Telephone Consumer Protection Act must proceed with their claims on an individual basis rather than as a class action.
The plaintiffs’ inabililty to provide a classwide means of proving that class members received an artificial or prerecorded call was fatal to their effort to show that common questions predominated over individual questions, a requirement for class certification, Judge Jennifer L. Hall of the US District Court for the District of Delaware said Monday. Hall adopted the ...
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