MEMORANDUM DECISION AND ORDER I. INTRODUCTION On April 7, 2022, Plaintiff Rhonda Aley (“Plaintiff Aley”), on behalf of herself and those similarly situated, brought this putative class action against Defendant alleging violations of the Telephone Consumer Protection Act of 1991 (the “TCPA”). 47 U.S.C. §227; see Dkt. No. 1 (the “Complaint”). On June 13, 2022, Defendant Lightfire Partners, LLC (“Defendant Lightfire”) filed its Answer. Dkt. No. 17. On December 11, 2023, Plaintiff Aley filed a motion for class certification (the “Motion”). Dkt. No. 68. Defendant Lightfire filed its opposition to the Motion on March 22, 2024. Dkt. No. 84. On April 19, 2024, Plaintiff Aley filed a reply in further support of the Motion. Dkt. No. 88. For the reasons set forth below, the Motion is granted. II. BACKGROUND A. The TCPA This is a putative class action brought under the TCPA, which prohibits certain kinds of telephone solicitations without the recipient’s consent. See generally, 47 U.S.C. §227. Pursuant to §227(c) of the TCPA, the Federal Communications Commission (“FCC”) issued 47 C.F.R. §64.1200(c)(2) providing for the creation of a national do-not-call registry (“DNCR”). The regulation states that “[n]o person or entity shall initiate any telephone solicitation to…[a] residential telephone subscriber who has registered his or her telephone number on the national do-not-call registry of persons who do not wish to receive telephone solicitations that is maintained by the Federal Government.” Id. The TCPA also provides that “[a] person who has received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the [DNCR] may…bring…an action…to enjoin such violation” and “an action to recover for actual monetary loss from such violation, or to receive up to $500 in damages for each such violation, whichever is greater[.]” 47 U.S.C. §227(c)(5). The TCPA requires “ prior express written consent” by the recipient of the phone call to lawfully initiate any telephone solicitation to a person listed on the DNCR. 47 C.F.R. §64.1200(a)(2). B. Factual Background Defendant Lightfire is a Missouri limited liability company that makes telemarketing calls. Dkt. No. 1
7, 18; Dkt. No. 17 at
