CLASS IS NOT IN SESSION: Court Affirms Denial of Class Certification In TCPA Lawsuit

In the case of Brian J. Lyngas, D.D.S., P.L.L.C., v. IQVIA, INC., the court affirmed the denial of class certification in a Telephone Consumer Protection Act (TCPA) lawsuit. The plaintiff alleged unsolicited fax advertisements were sent without prior express invitation or permission. The court’s decision hinged on the principle of 'ascertainability,' finding the plaintiff’s method for identifying class members administratively unfeasible and unreliable, and the expert witness lacked credibility. Despite the introduction of a subsequent, unpublished Third Circuit case (Conner v. Fox Rehab Servs.), the court maintained its original decision, stating that even considering the new case, the ascertainability requirement remained unmet.

The court emphasized the need for “a reliable and administratively feasible mechanism” to determine class membership, which the plaintiff’s expert testimony failed to provide. The ruling underscores the critical role of ascertainability in class certification and highlights the importance of strong legal counsel in challenging class certification attempts in TCPA lawsuits. The Troutman Amin team was specifically praised for their expertise in identifying weaknesses in expert testimony and effectively communicating these issues to the court.

(Source：National Law Review)