A growing trend in TCPA litigation is for plaintiffs to bring putative TCPA class actions based on telephone calls that were meant for a third-party who actually provided consent for the call. In a strongly worded opinion, Judge Virginia M. 
Kendall of the Northern District of Illinois recently dealt a blow to one such attempt
Seventh Circuit Allows a Worldwide Privacy Class Containing Tens of Millions of Plaintiffs to Proceed to Trial as a Class Action
On Tuesday, June 11, 2013, the Seventh Circuit denied comScore’s appeal from the district court’s ruling granting class certification, thereby allowing a class of tens of millions of plaintiffs from around the world to proceed to trial as a class action suit. In re comScore, Inc., No. 13-8007 (7th Cir. June 11, 2013).
ComScore