Car Dealer Gets Class Pared In TCPA Suit Over Junk Texts

Law360, Miami (June 8, 2017, 10:22 PM EDT) -- A federal magistrate judge entered a recommendation Thursday that a class should be certified in a Florida man's suit claiming Telephone Consumer Protection Act violations over a used-car dealer's unsolicited text messages, but also said the proposed class should be drastically narrowed.

U.S. Magistrate Judge Edwin G. Torres rejected Off Lease Only Inc.'s numerous arguments against class certification, but he said the scope of plaintiff Ray Mohamed's proposed class "is far too broad and requires substantial modification." The judge's recommended changes would reduce the scope from an alleged 78,200 spam texts sent to 62,900 cellphone numbers, to at most the unsolicited...

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