CMN lawyers moved to decertify the class in a lawsuit alleging the Firm’s health insurance client violated the TCPA by sending faxes to its contracted agents without the specific opt-out notice required by an FCC regulation. CMN successfully petitioned the FCC for a waiver of that regulation and, on August 28th, federal Judge Robert Blakey granted the Motion to Decertify. He agreed that the FCC waiver, as well as the D.C. Circuit’s recent holding in Bais Yaakov v. FCC that the opt-out regulation was invalid as applied to solicited faxes, made each class member’s consent to receive the faxes a critical and predominant individual issue that effectively precluded resolution of the litigation as a class action. The Opinion is available on the link below.
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