SAN FRANCISCO (Legal Newsline) – A federal appeals court has ruled that because the named plaintiff in a class action lawsuit against Verizon failed to carry his burden of demonstrating a likelihood of irreparable harm, the district court properly denied his request for a preliminary injunction.

John Lofton sued Verizon Wireless LLC after the company’s debt collector recorded two phone calls without his consent, according to an opinion filed Dec. 5 in the U.S. Court of Appeals for the Ninth Circuit. The appeal was argued Nov. 18.