Eleventh Circuit Holds That Court Abuses Its Discretion Certifying a TCPA Case Containing Uninjured Class Members

For those of you that hate hearing me talk about being right all the time, probably stop reading this one now.

One of the messiest splits of authority in the law is whether a class may be certified where unnamed Plaintiffs lack standing. The Second Circuit has held directly that such a class cannot be certified. The Third Circuit has held that such a class can be certified do long as the named Plaintiff has standing. The rest of the circuits fall into one of these two camps with the Ninth Circuit actually issuing rulings falling into both camps.

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