TCPAWorld After Dark: The Lonesome Death of Ken Johansen’s Career as a Professional Plaintiff

I’m fairly positive I warned him.

I’ve warned most of them anyway.

He appeared a nice fellow. However he made $60k a yr bringing TCPA class actions. So I couldn’t like him.

And I can’t mourn his profession as a TCPA Plaintiff, despite the fact that it has now met with a sudden and sure demise.

Right here’s the way it ended:

Plaintiff seems to have an in depth historical past with submitting lawsuits alleging violations of the TCPA. (See Pl. Dep. [DE 40-1] at 140:16-21, 157:10-17 (estimating that, previous to 2020, Plaintiff had filed sixty (60) TCPA lawsuits and estimating that, since 2014, Plaintiff has made on common $60,000 per yr from TCPA lawsuits).) Plaintiff admits that “[i]t is his typical practice to pose as a customer when [he] receive[s] an illegal telemarketing call.” (Id. at 163:1-10.)

Plaintiff admits that he confirmed the false contact data that the consultant had on file in order that the consultant would extend and proceed the decision. (Dep. Johansen [DE 40-1] at 150:21-151:1.) Plaintiff admits that his “typical practice” consists of “confirming whatever information a telemarketer has on [him], whether accurate or not.” (Id.at 163:16-25.)

Plaintiff readily admits that his conduct in the course of the Could 27, 2020 and June 2, 2020 phone conversations was misleading. (Pl. Johansen [DE 40-1] at 171:11-14.) Plaintiff deliberately extended and continued the phone conversations by posing as Defendant’s buyer, all in favour of a trip bundle. (See id. at 99:4-100: 25.) Plaintiff additionally admits that he believes deception is acceptable habits for a class consultant. (Id. at 172:1-5.)

Plaintiff’s declare differs from these of putative class members’ claims. The report clearly demonstrates the misleading and dishonest ways employed by Plaintiff to determine his declare. Thus, Plaintiff’s declare is inherently totally different that these of the putative class members who presumably didn’t use equally deceitful strategies.

The honesty of a class consultant issues as a result of a consultant “is a fiduciary and . . . the interests of the class are ‘dependent on his diligence, wisdom[,] and integrity.’” Koppel, 191 F.R.D. at 368 (citing Cohen v. Helpful Indus. Mortgage Corp., 337 U.S.
541, 549-50 (1949).

Defendant argues that Plaintiff is an insufficient consultant as a result of of his misleading conduct. The Court docket agrees. Plaintiff readily admits that his conduct in the course of the Could 27, 2020 and June 2, 2020 phone conversations was misleading. (Pl. Dep. [DE 40-1] 171:11-14.) Plaintiff has what seems to be an in depth and worthwhile historical past with lawsuits involving TCPA claims. Plaintiff acknowledges that he has developed a “typical practice” of deceitful conduct used to achieve prosecuting TCPA claims. Plaintiff poses as a buyer of the entity accountable for initiating the telemarketing name and induces the consultant into believing that he’s, actually, a longtime buyer and genuinely within the services or products provide, thereby prolonging the purported harm that Plaintiff claims to have suffered and rising the potential damages that he may, in principle, get better.

Most regarding, throughout his deposition within the current lawsuit, Plaintiff admits that he believes that partaking in deception is acceptable habits for a class consultant. (Pl. Dep. [DE 40-1] 172:1-5.) Based mostly on the foregoing, the Court docket has severe issues in regards to the Plaintiff’s credibility, honesty, trustworthiness, and motives in bringing forth this putative class motion. Thus, the Court docket finds that the Plaintiff is an insufficient class consultant.

Full determination right here: Johansen v. Bluegreen Vacations Unlimited, Inc., No. 20-cv-81076-RS (S.D. Fla. Sept. 30, 2021) – [Doc 95] Order Denying Plaintiff’s Motion for Class Certification [9-30-21]

And so ends the lengthy and worthwhile profession of Ken Johansen as a TCPA class plaintiff.

The playbook is established.

No extra repeat TCPA class reps get any extra settlement {dollars} to any extent further.

Deal?

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