Izor
Izor v. Abacus Data Systems Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
20 A. Factual Background 21 Plaintiff Paul Izor filed this Telephone Consumer Protection Act, 46 U.S.C. § 227 22 (“TCPA”), class action against Defendant Abacus Data Systems Inc. (“Abacus”) on behalf of 23 himself and two putative classes of others similarly situated. See generally Dkt. No. 1 (“Compl.”). 24 Plaintiff sought to represent two classes: 25 Autodialed No Consent Class: All persons in the United States who from four years prior to the filing of this action through class certification (1) Defendant (or an agent acting on behalf of Defendant) text messaged, (2) on the person’s cellular telephone number, (3) whom Defendant claims (a) it obtained prior express written consent in the same manner as Defendant claims it supposedly obtained prior express written consent to text message Plaintiff, or (b) it did not obtain prior express written consent. 3 Do Not Call Registry Class: All persons in the United States who from four years prior to the filing of this action through class certification (1) Defendant (or an agent acting on behalf of Defendant) …