Court did not err in denying certification of a class based on a statutory claim of sending unsolicited facsimile advertisements; although the unsolicited nature of the communications is an affirmative defense to be established by the defendant, the predominance inquiry looks to the actual management of the claim, and certification risked a multiplicity of mini-trials on the issue.
Court's handling of the implied consent issue was appropriate to the certification stage, as defendant's claim wan't speculative, vague, or unsupported.
Consent provided to third parties isn't considered transferred consent where the original consent included messages from affiliates and vendors.