The recent ruling in Sharfman M.D.P.A. v. Precision Imaging St. Augustine 2024 U.S. Dist. LEXIS 92659 (M.D. Fla. May 23, 2024) has made headlines in the TCPA world for its denial of class certification, but let’s be clear: Sharfman does not close the door on Telephone Consumer Protection Act (TCPA) class actions. Rather, it reinforces what experienced plaintiff-side attorneys already know—precision, clean pleadings, and strategic discovery make or break these cases.
Sharfman Was a Fax Case With Unique Framing Flaws
First, the *Sharfman* decision dealt with a fax-based TCPA claim—an increasingly narrow corner of TCPA litigation. More importantly, the court’s concerns centered around how the case was pled, not whether a TCPA class is certifiable in general. The plaintiff had to amend his complaint multiple times due to overbroad and confusing allegations. The final class definition failed to exclude recipients who had expressly consented to receive the faxes. That opened the door for the defendants to successfully argue lack of commonality, typicality, and adequacy. The court wasn’t saying that a properly constructed class can’t be certified—it was saying *this* class wasn’t.
Clean Classes Win Cases
If you do your homework upfront—tighten your class definition, exclude those who consented, and gather strong factual support—TCPA and FTSA class actions remain not only viable, but incredibly successful. Several federal TCPA cases filed in Miami over the past few years have led to major settlements, including class resolutions in the range of $8 million, $40 million, and more. When the pleadings are clean and Rule 23’s elements are thoughtfully built into your discovery plan, courts have upheld certification and driven significant recoveries.
The Lesson from Sharfman Is Not to Retreat—It’s to Prepare
At Abrams Justice, we don’t treat Rule 23 as a gamble—we treat it as a blueprint. Every case begins with a surgical review of who should and should not be in the class. Our complaints are carefully pled to avoid the overbreadth that doomed Sharfman, and our discovery plans target the exact issues—consent logs, standing, typicality attacks—that defense counsel will raise. Sharfman doesn’t raise the standard—it reminds us of the standard. And if done properly, we will meet and exceed it.
Class certification is not impossible—it’s precise work. With the right plaintiff, clean facts, and strategic execution, TCPA and FTSA cases remain some of the most powerful consumer protection tools in the legal arsenal. And at Abrams Justice, we’re prepared to take those cases to the finish line.