Cordoba v. DIRECTV, LLC, No. 18-12077 (11th Cir. 2019)Annotate this Case
Plaintiff filed a class action under the Telephone Consumer Protection Act, alleging that DIRECTV and the company it contracted with to provide telemarketing services, Telecel, failed to maintain the do-not-call list and continued to call individuals who asked not to be contacted.
The Eleventh Circuit vacated the district court's certification order, holding that the unnamed members of the putative class who did not ask DIRECTV to stop calling them were not injured by the failure to comply with the regulation. Therefore, their injuries were not fairly traceable to DIRECTV's alleged wrongful conduct, and thus they lacked Article III standing to sue DIRECTV. The court also held that, although the case was justiciable because the named plaintiff had standing, the district court abused its discretion in certifying the class as it is currently defined. In this case, determining whether each class member asked Telecel to stop calling requires an individualized inquiry, and the district court did not consider this problem at all when it determined that issues common to the class predominated over issues individual to each class member. Accordingly, the court remanded for further proceedings.