A federal judge in Trenton has granted class certification in a Telephone Consumer Protection Act suit against health club operator Work Out World.
U.S. District Judge Peter Sheridan granted certification after rejecting WOW’s argument that plaintiff Noreen Susinno lacks standing to assert her claims because her employer pays her mobile phone bill. Sheridan also rejected WOW’s argument that Susinno spoliated evidence because she failed to preserve the voice mail message she says the company left on her phone without consent.
