In action alleging that defendants violated Telephone Consumer Protection Act when it faxed unsolicited messages without containing opt-out notices, Dist. Ct. erred in granting defendants’ motion to strike class definition that included non-Illinois members, where, according to defendants, Dist. Ct. did not have personal jurisdiction over claims of non-Illinois members in proposed nationwide class. While Dist Ct. found that not only plaintiffs, but also all unnamed members of proposed class had to show minimum contacts between defendants and forum state under specific personal jurisdiction rules, and that it had no jurisdiction over claims of unnamed class members who were harmed outside of Illinois, Ct. of Appeals found that while named representatives of class action must be able to demonstrate either general or specific personal jurisdiction, unnamed class members are not required to do so.
Federal 7th Circuit Court
Civil Court
Class Action