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Class of Thousands Certified in Alleged Cox Robocall Suit
February 8, 2019
Cox Robocall Suit
A class of up to tens of thousands of people that allegedly received unsolicited robocalls from Cox Communications Inc. was certified by an Arizona federal court this week. The class included all non-Cox subscribers who received automated calls between March 28, 2013 through last Wednesday.
A complaint was received from Joanne Knapper in 2017, alleging that she received 11 autodialed debt-collection calls from the telecom giant – although she was never a customer. She motioned for class certification in June 2018, but Cox argued that the class should not be certified due to “individual issues”, and that their call records may not be accurate as some customers wrongly claim their numbers are inaccurate to avoid paying bills.
U.S District Judge Steven P. Logan found that the court would be able to determine which consumers gave consent to receive calls from Cox, although Cox maintains that its records may be inaccurate for portions of this time period.
Cox previously attempted to pause the case due to the Federal Communications Commission reworking the definition of an “autodialer.” However, the Judge ruled that a Ninth Circuit decision from September would allow the suit to continue.
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