Gannon v. Network Telephone Services, Inc., No. 13-56813 (9th Cir. Jan. 12, 2016) In a 3 paragraph unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the trial court's denial of plaintiff's motion to certify a class of individuals who allegedly received "unauthorized" text messages stating:
The central issue in the case is whether the text messages were unauthorized. But, the proposed class includes at least the following groups: (a) those, like Gannon, who claim to have called an NTS phone line by mistake and may have discontinued the call before hearing ...
Evans & Green, LLP v. That's Great News, LLC, No. 11-3340-cv-s-ODS, 2012 WL 4888471 (W.D. Mo. Oct. 15, 2012) Plaintiff law firm filed a class action complaint against an individual and corporate Defendant alleging that Defendants sent numerous unsolicited facsimile advertisements during a four-year period, specifically alleging that Defendants sent 105,826 faxes in the month of March, 2010, three of which were received by Plaintiff. The case was removed to federal court, after which time defense counsel withdrew. After warning the corporate Defendant that counsel must be ...