Facts

Neil Smith filed a putative class action against Microsoft Corp. concerning the company's promotion of the new Xbox mobile website and moved for class certification.

PLAINTIFF'S CONTENTIONS:
Smith contended that Microsoft marketed the new website by sending unsolicited text messages to cellular phones nationwide, in violation of the Telephone Consumer Protection Act, which prohibited unsolicited voice and text calls to cell phones. Smith sought certification of a nationwide class of people who received the text messages.

Smith contended that the class was entitled to a minimum of $500 in damages for each violation of the TCPA.

DEFENDANT'S CONTENTIONS:
Microsoft denied Smith's allegations. Microsoft admitted that it has sent a text message on or about Sept. 12, 2008 to persons who had given their express consent to receive such messages. Microsoft also asserted various affirmative defenses. Microsoft opposed class certification.

Damages

Smith sought a minimum of $500 in damages for each TCPA violation.

Result

U.S. District Judge Janis L. Sammartino concluded that the action was not amenable to class-wide resolution because of concerns regarding obtaining the evidence and the manageability of the lawsuit, and denied class certification.