Microsoft Gets Class Cert. Denied In Xbox Text-Spam Suit

Law360, Chicago (January 29, 2014, 11:06 PM EST) -- A California federal judge on Tuesday refused to certify a class of consumers accusing Microsoft Corp. of sticking them with the bill for unsolicited text messages advertising its Xbox video game console, ruling that handling the case as a class action would likely prove unmanageable.

Plaintiff Neil Smith failed to show that a class action would be better than other methods for handling his claims, coming up short on the so-called “superiority” requirement for class certification, U.S. District Judge Janis L. Sammartino said. The judge cited...
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Case Information

Case Title

Smith v. Microsoft Corporation

Case Number



California Southern

Nature of Suit

Contract: Other


Janis L. Sammartino

Date Filed

August 25, 2011

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