Atty's Class Cert. Bid Tanks In Fla. Text Spamming Suit

A Florida federal judge rejected an attorney-plaintiff's bid for class certification in a suit accusing Voice Media Group Inc. of sending unwarranted text messages. The judge said the plaintiff, who has filed similar lawsuits against other companies, failed to show the size of the proposed class.

Litigation Partner Scott Ponce, counsel to Voice Media Group Inc., said the plaintiff simply did not come up with the evidentiary support necessary to establish the elements for class certification.

“He was relying exclusively upon testimony from an expert witness to establish the requirement of numerosity, and when the court barred the expert witness from testifying, the plaintiff had nothing left,” Mr. Ponce said. “The Eleventh Circuit has made clear that although it is tempting to make assumptions regarding numerosity, tempting assumptions and speculation are inadequate. That is exactly what happened here.”

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