Kenneth Johansen v. Bluegreen Vacations Unlimited, Inc., No. 22-10695 (11th Cir. 2022)

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USCA11 Case: 22-10695 Date Filed: 11/21/2022 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-10695 ____________________ KENNETH JOHANSEN, individually and on behalf of a class of all persons and entities similarly situated, Plaintiff-Appellant, versus BLUEGREEN VACATIONS UNLIMITED, INC., a Florida corporation, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Southern District of Florida USCA11 Case: 22-10695 2 Date Filed: 11/21/2022 Opinion of the Court Page: 2 of 2 22-10695 D.C. Docket No. 9:20-cv-81076-RS ____________________ Before WILSON, JILL PRYOR, and HULL, Circuit Judges. PER CURIAM: In this civil action, plaintiff-appellant Kenneth Johansen appeals the district court’s denial of his motion for class certification of claims brought under the Telephone Consumer Protection Act (“TCPA”). Johansen’s complaint alleged that the defendant-appellee Bluegreen Vacations Unlimited, Inc. violated the TCPA’s do-not-call provisions. Johansen sought class certification to assert TCPA claims on behalf of a nationwide class. The district court denied class certification, finding that Johansen had failed to satisfy the typicality and adequacy requirements of Federal Rule of Civil Procedure 23(a). The only issue on appeal is the district court’s denial of class certification. We review a district court’s class certification order for an abuse of discretion. Cordoba v. DIRECTV, LLC, 942 F.3d 1259, 1267 (11th Cir. 2019). “A district court abuses its discretion if it applies an incorrect legal standard, follows improper procedures in making the determination, or makes findings of fact that are clearly erroneous.” Id. (quotation marks omitted). After review and with the benefit of oral argument, we conclude that Johansen has not carried his burden to show that the district court abused its discretion in denying Johansen’s motion for class certification. AFFIRMED.

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