Brodsky v. HumanaDental Ins. Co.

Dist. Ct. did not abuse its discretion in denying plaintiffs’ requests for class action certification for two cases alleging that defendants violated Telephone Consumer Protection Act by sending unsolicited fax advertisements to plaintiffs. Legality of defendants’ actions may end up depending on whether fax was sent with permission or not and may also turn on adequacy of defendants' opt-out notices on faxes in question. Moreover, FCC had granted waivers of compliance with Solicited Fax Rule at issue in both cases. As such, there was enough issues regarding solicitation, permission and pre-existing relationships to support finding that class action was not superior mechanism for adjudicating potential class members’ cases.