Robertson vs. Alliance Data Systems, Inc.

Robertson vs. Alliance Data Systems, Inc. (M.D. Fla. – November 25, 2013) – Case No. 8:05-CV-000930. Plaintiffs brought a class action against our client ADSI, an issuer of private label credit accounts, claiming ADSI violated the Florida Security of Communications Act, Florida Statutes, Chapter 934, by recording telephone conversations without prior consent.  Plaintiffs sought to represent two separate classes of Florida residents, one composed of account holders and another of non-account holders. In opposing Plaintiff’s Motion for Class Certification, we argued that Plaintiffs had failed to define an ascertainable class as there was no manner by which the parties or the Court could determine the identities of persons who answered the telephone calls. The Court agreed that Plaintiffs failed to satisfy the requirements of Federal Rule of Civil Procedure 23, and entered an Order denying class certification.