8th Circ. Boosts TCPA Class Cert. Bids in Medtox Ruling
Richmond partner David Anthony was quoted in a May 4 Law360 article about an Eighth Circuit three-judge panel reversing a district court’s rejection of a bid by Sandusky Wellness Center LLC to certify a class of thousands of pediatricians, health departments and others who had allegedly received a single-page fax from defendant Medtox Scientific Inc. about its lead-testing capabilities. Per Law360, the judges found that because the identity of the potential class members could be derived from fax logs showing the numbers that received each transmission, the district court had abused its discretion in finding that the class wasn’t ascertainable.
“The Eighth Circuit’s decision reiterates the inconsistency and challenges with how courts have evaluated ascertainability in [Telephone Consumer Protection Act] class cases,” David said.