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Court Watch

By Cynthia M. Klaus and Susan E. Tegt

Inconsistent Testimony Made Plaintiff Not Typical Of Proposed Class

The Federal District Court in the Southern District of California denied class certification in a case in which an individual claimed violations of state and federal laws prohibiting text messages to consumers without their consent. Ryan v. Jersey Mike's Franchise Systems, 2014 U.S. Dist. LEXIS 42677 (S.D. Cal. March 28, 2014). Jersey Mike's, a sandwich shop franchisor, has a loyalty program through which customers can collect points and redeem them for free products. Jersey Mike's and its franchisees use an automatic dialing service to send text messages to loyalty program members who have provided their cell phone numbers.

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