Livingston v. U.S. Bank, N.A.

Opinion by

Judge STERNBERG. 1

Plaintiffs, John L. Livingston and West-land Marketing, Inc., appeal the order denying class certification of their action against defendant, U.S. Bank, N.A. We affirm.

In 1999, an employee of defendant, whose responsibility included generating new business, purchased a database of names, addresses, and facsimile (fax) numbers for approximately 8000 people and businesses in the Denver metropolitan area. In March 1999, defendant contracted with a third party, Absolute Communications Solutions, Inc. (ACS), to send a fax advertisement to approximately 1500 people.…