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... 19. To successfully prosecute a complex case, including a class action such as this one, a law
firm would likely need the assistance of expert witnesses. ... In actuality, the evidence at issue
compares the costs of winning a class action and losing an individual arbitration. ...
... Plaintiff Moody sought certification of the action as a class action under NC Gen.Stat. § 1A-1,
Rule 23. ... A. NCGS § 1A-1, Rule 23(c) provides: Dismissal or compromise. — A class action shall
not be dismissed or compromised without the approval of the judge. ...
... Plaintiff filed an amended class action complaint on 11 February 2005, alleging that Defendant
had violated 47 USC § 227 of the Telephone Consumer Protection Act (TCPA) by sending
unsolicited fax advertisements to Plaintiff and the other proposed class members. ...