ESI Ergonomic Solutions, LLC v. United Artists Theatre Circuit, Inc.

OPINION

PATTERSON, Judge.

¶ 1 ESI Ergonomic Solutions, LLC (“ESI”) filed suit as the representative of a class action against defendants United Artists Theatre Circuit, Inc. (“United Artists”) and American Blast Fax, Inc. (“ABF”). ESI alleged that the defendants violated 47 U.S.C. § 227 (1994), which prohibits transmitting unsolicited advertisements to telephone facsimile machines and provides for a private right of action against violators. 47 U.S.C. § 227(b)(1)(C), (b)(3)(1994). ESI appeals the trial court’s denial of its motion to certify the class. For the following reasons, we reverse and…