Varnum secured a significant win on behalf of its client in a major Telephone Consumer Protection Act (TCPA) lawsuit, following a Report and Recommendation from the U.S. District Court for the District of Delaware denying the plaintiffs’ motion for class certification in Morales v. Sunpath Ltd.
The lawsuit involved telemarketing calls promoting vehicle service contracts. Plaintiffs sought to certify three classes and several subclasses consisting of thousands of individuals. Following an extensive briefing, the court issued a 23-page Report and Recommendation concluding that the case did not meet the legal standards for class certification.
The court identified several issues with the proposed classes, including unclear definitions, concerns about whether the plaintiffs could adequately represent the group, and unreliable evidence. It also found that some of the named plaintiffs lacked standing or would face individual defenses, making class treatment inappropriate.
Few TCPA cases advance to the class certification stage, and even fewer result in a denial. This outcome is a notable victory for Varnum’s litigation team, which partner Brion Doyle led with support from attorney Justin Allen. The team represented one of several defendants accused of being responsible for the actions of third-party telemarketing vendors.
