Sandusky Wellness Center, LLC v. Medtox Scientific, Inc., No. 15-1317 (8th Cir. 2016)
Annotate this CaseAfter Sandusky received an unsolicited fax from MedTox, Sandusky filed a class action under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. The district court denied class certification, finding the class not ascertainable. Sandusky’s class definition includes: “All persons who (1) on or after four years prior to the filing of this action, (2) were sent telephone facsimile messages regarding lead testing services by or on behalf of Medtox, and (3) which did not display a proper opt out notice.” The court concluded that the district court abused its discretion in denying class certification because the proposed class is clearly ascertainable. The court also concluded that the district court abused its discretion in holding that the class here does not meet the commonality and predominance requirements. Accordingly, the court reversed and remanded.
Court Description: Benton, Author, with Smith and Bye, Circuit Judges] Civil case - Telephone Consumer Protection Act. The district court erred in denying class certification on the ground the class was not ascertainable as the fax logs in the case showing the numbers that received each fax are objective criteria that make the recipient clearly ascertainable; the proposed class also meets the commonality and predominance requirements of Rule 23; the judgment in favor of defendant is vacated and the matter is remanded for further proceedings.
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