Vedder Thinking | News Vedder Price Represents Defendants in Denial of Class Certification
November 26, 2013
Vedder Price Shareholder Thomas P. Cimino, Jr. and Associate Brian W. Ledebuhr successfully defended SAR Marketplace Food Inc. and SAR Orland Food Inc. against class certification for an alleged violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (the “TCPA”). Putative class action plaintiff Quality Management and Consulting Services, Inc. (“Quality Management”) alleged that the defendants violated the TCPA by sending thousands of unsolicited facsimiles. The plaintiff sought more than $7 million in damages as a result of the alleged violations.
In denying the plaintiff’s Motion for Class Certification, United States District Court Judge Edmond E. Chang held, among other things, that the plaintiff provided no realistic way to identify potential class members. Specifically, the Court noted that, “[e]ven under a relaxed evidentiary standard, Quality Management fails to meet its burden of satisfying the threshold requirement of ascertaining an identifiable class.”
Regarding Judge Chang’s ruling, Mr. Ledebuhr said that “we are gratified with this ruling, particularly in light of the Court’s thorough analysis of the record in holding that the plaintiff could not meet its burden to justify class certification.”