Julian Perez appeals from the trial court’s denial of his motion for class certification in this action filed against his former employer, Atlanta Check Cashers, Inc., and several other defendants, alleging claims for identity fraud, conspiracy to commit identity fraud, invasion of privacy, and violation of the Georgia Racketeering and Influenced Corruption Act “RICO”. Because there was some evidence to support the trial court’s finding that individual factual issues would predominate over any common issues the class might share, the trial court did not abuse its discretion in denying class certification. The record shows that Atlanta Check Cashers, Inc. employed Julian Perez as a customer service representative from May 2006 to November 2007. Perez’s duties included cashing customer checks, making bill payments for customers, sending money orders for customers, selling lottery tickets, and selling property and casualty insurance products. The insurance products were offered and sold to customers through Atlanta Check’s business arrangement with its affiliate, Super Auto Insurance Agency, Inc. Under the arrangement, Atlanta Check employees would become licensed limited subagents for Super Auto so that they would be authorized to sell the insurance products to customers under Georgia law.
Georgia law forbids a person from selling, soliciting, or negotiating insurance for any class of insurance unless that person is properly licensed as an agent for that class of insurance in accordance with the Georgia Code and applicable regulations. See OCGA § 33-23-4 a. However, a person can become a “limited subagent” under the sponsorship of a licensed insurance agent by making proper application to the Georgia Commissioner of Insurance the “Commissioner”. See OCGA § 33-23-12 a; Ga. Comp. R. & Regs. r. 120-2-3-.31 2009. As part of the application process for becoming a limited subagent, the applicant must complete a form questionnaire in which he or she provides a social security number and other personally identifying information, sign his or her name, and have the signature notarized; have his or her sponsoring agent complete and sign a “Sponsor’s Certification”; and submit a certificate reflecting that he or she has completed 20 hours of instruction in an approved prelicensing course. See Ga. Comp. R. & Regs. . 120-2-2-.14 1 d & e, 120-2-3-.08 2, 120-2-3-.31 2 d. After obtaining a limited subagent license, the applicant may renew the license annually, provided, among other things, that he or she submits evidence of at least five hours of continuing education “CE” each year. See Ga. Comp. R. & Regs. r. 120-2-3-.31 5.
