For employers who are facing class claims under the Telephone Consumer Protection Act, you may have more support for your defense: The U.S. District Court for the Southern District of California recently granted Wilshire Consumer Capital’s (WCC) motion to deny class certification in a putative class action filed under the TCPA.

Judge Roger T. Benitez found that although the plaintiff was probably annoyed by the robocalls at issue, her case was “unique to herself and perhaps a small subset of the class”: Her father was a frequent user of the phone, and therefore there was a factual issue as to whether he may have consented to the calls. Based upon such facts, the court held that “the majority of the proposed class may suffer as Plaintiff will be engrossed with disputing WCC’s arguments regarding Plaintiff’s individual case.” For employers looking to distinguish the named plaintiff in their own TCPA cases, this case may have your number.

For additional details regarding the decision, please see the post from our colleagues in the Privacy, e-Communication and Data Security Group