CLASS CERTIFICATION DENIED- Court Says Unsigned Declaration And Unresolved Consent Defense Sink Do Not Call Class

Short summary

A Pennsylvania federal court denied class certification in a TCPA do-not-call texting case against Star Power Marketing Group, citing an unsigned plaintiff declaration, unresolved consent issues, and doubts about the PTRA cause of action. The court found that the defendant's assertion of prior opt-in consent created individualized questions conflicting with class commonality and predominance requirements. Plaintiffs must refile with a signed declaration and substantively counter the defendant's consent defense.

• •Court denied class certification due to unsigned declaration and unresolved consent disputes
• •Defendant's opt-in defense creates individualized issues incompatible with class requirements
• •Plaintiffs must refile with signed declaration and directly address consent mechanism

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