context: Defendants also fail to specify whether such alleged refill-request forms were part of the six "broadcasts" at issue in Plaintiffs proposed class, or if those forms contained the same language required to be included in the proposed class. Defendants' argument thus again evokes the Seventh Circuit's declination to let defendants "derail legitimate class actions by conjuring up.. .insubstantial defenses unique to the class representative."
citation_a.signal: cf.
citation_a.identifier: 2016 WL 25711, at *4-5
citation_a.parenthetical: finding adequacy requirement not met where there was sufficient indication that plaintiff expressly consented to receiving communication
citation_a.sentence: CE Design, 637 F.3d at 728; see Savanna Group, Inc. v. Trynex, Inc., 2013 WL 66181, at *9 (N.D. Ill. Jan. 4, 2013) (finding commonality and adequacy requirements met where there was no evidence to support consent defense); Hawkins v. Securitas Sec. Serv. USA Inc., 280 F.R.D. 388, 394 (N.D. Ill. 2011) (rejecting objection to adequacy based upon meritless defense); Manno v. Healthcare Revenue Recovery Group, LLC, 289 F.R.D. 674, 687-88 (S.D. Fla. 2013) (certifying class where asserted defense shared by putative class members — but not named plaintiff — was not viable); Meyer v. Portfolio Recovery Assoc., LLC, 707 F.3d 1036, 1042 (9th Cir. 2012) (certifying class where there was no evidence that named plaintiff or putative class members had consented to receiving communication); Silbaugh v. Viking Magazine Serv., 278 F.R.D. 389, 392-93 (N.D. Ohio 2012) (certifying class where there was no evidence that putative class members had expressly consented to receiving communication); cf. Johnson v. Yahoo!, Inc., 2016 WL 25711, at *4-5 (N.D. Ill. Jan. 4, 2016) (finding adequacy requirement not met where there was sufficient indication that plaintiff expressly consented to receiving communication).
citation_b.signal: see
citation_b.identifier: 707 F.3d 1036, 1042
citation_b.parenthetical: certifying class where there was no evidence that named plaintiff or putative class members had consented to receiving communication
citation_b.sentence: CE Design, 637 F.3d at 728; see Savanna Group, Inc. v. Trynex, Inc., 2013 WL 66181, at *9 (N.D. Ill. Jan. 4, 2013) (finding commonality and adequacy requirements met where there was no evidence to support consent defense); Hawkins v. Securitas Sec. Serv. USA Inc., 280 F.R.D. 388, 394 (N.D. Ill. 2011) (rejecting objection to adequacy based upon meritless defense); Manno v. Healthcare Revenue Recovery Group, LLC, 289 F.R.D. 674, 687-88 (S.D. Fla. 2013) (certifying class where asserted defense shared by putative class members — but not named plaintiff — was not viable); Meyer v. Portfolio Recovery Assoc., LLC, 707 F.3d 1036, 1042 (9th Cir. 2012) (certifying class where there was no evidence that named plaintiff or putative class members had consented to receiving communication); Silbaugh v. Viking Magazine Serv., 278 F.R.D. 389, 392-93 (N.D. Ohio 2012) (certifying class where there was no evidence that putative class members had expressly consented to receiving communication); cf. Johnson v. Yahoo!, Inc., 2016 WL 25711, at *4-5 (N.D. Ill. Jan. 4, 2016) (finding adequacy requirement not met where there was sufficient indication that plaintiff expressly consented to receiving communication).