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March 2015 Archives

KAZEROUNI LAW GROUP, APC OBTAINS CLASS CERTIFICATION AGAINST GENERAL ELECTRIC

On March 26, 2015, the Honorable John A. Houston of the Southern District of California certified a Telephone Consumer Protection Act ("TCPA") class brought by the Kazerouni Law Group, APC against General Electric Capital Corporation. [See Judge Houston's Order Granting in Part and Denying in Part Plaintiff's Motion for Class Certification here]. In granting class certification, Judge Houston held that class certification was a superior method of adjudicating Plaintiff's claims, as well as the claims of the putative class members. [Id. at 14:6-25]. In that regard, Judge Houston certified the following class:All persons within the United States who had or have a number assigned to a cellular telephone service, who received at least two calls using an automated dialing system and/or an artificial or prerecorded voice from Defendant or its agent between August 22, 2008 and August 22, 2012 for debt collection purposes, who were not customers of Defendant at the time of the calls, where Defendant's customer account records indicate that prior to the second and any subsequent calls that said person were non-account holders as identified by one or more of the following terms in Defendant's electronic customer account records: "wrong number," "wrong telephone number," "incorrect number," "third party," "third party number," "third party telephone number," "third party contact," "wrong party," "wrong party number," or "wrong party telephone number." Excluded from the class are persons who gave express consent to Defendant.

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