which did not display a proper opt out notice. Lindsay Transmission, LLC, 2013 WL 275568, at *3. The Olney plaintiff sought to certify a nationwide class defined as: All persons within the United States who received any telephone call from Defendant to said person’s cellular telephone made through the use of any automated telephone dialing system or an artificial or prerecorded voice and such person had not previously consented to receiving such calls within the four years prior to the filing of this Complaint. Olney, 2013 WL 5476813, at *10. In both eases, the courts found that the classes consisted “solely of persons who can establish that defendant violated the TCPA,” and struck the classes. Lindsay Transmission, LLC, 2013 WL 275568, at *4; see also Olney, 2013 WL 5476813, at *11 (<HOLDING>). However, in Olney, the court permitted the
recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members holding that defining the class to include anyone who received such a call without prior express consent means that only those potential members who would prevail on this liability issue would be members of the class holding that putative class members are not parties to an action prior to class certification holding that entry of settlement decree without notice to putative class members violated the due process rights of the class members holding that the claims of the class representative and class members must be based on the same legal or remedial theory