Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive “up2drive” loans to borrowers at participating independent car dealers through Creditsmarts’ internet-based business-to-business lending platform. Creditsmarts used a third party, Westfax, to fax over 20,000 advertisements to independent car dealers during a 30-day period. Plaintiff City Select Auto Sales received one of these faxes and brought a putative ... Keep Reading »
Certification Class Action Articles
The latest class action developments and trends in certification, including news, key cases, and strategies.
Kansas Judge Rejects Discovery From Putative Class Members
A magistrate judge in Kansas denied the defendant’s request to conduct discovery of putative class members via a voluntary questionnaire. Plaintiff Hapka filed a class action against home health care provider CareCentrix stemming from a 2016 data breach of employees’ personal information, including wage and tax statements. Plaintiff alleged a fraudulent tax return was filed in her name following the cyberattack and that she continued to be at a heightened risk for tax ... Keep Reading »
Individualized Inquiries and Difficulties Identifying Class Members Doom Title Insurance Reissue Rate Class Action
The District Court of Idaho recently decertified a title insurance reissue rate class action, finding the initial justifications for class certification have “not withstood the test of time.” Under the Idaho Rate Manual, customers are entitled to a 50 percent discount when a title policy is issued within two years of a previous policy on the same property by the same owner. Seven years ago, the court granted class certification for a class of Idaho residential customers ... Keep Reading »
Objectively Non-Flushable? The Northern District of California Certifies Consumer Class Regarding Charmin Freshmates
Using the familiar “reasonable consumer standard” that applies in many jurisdictions regarding allegedly deceptive sales practices, a judge of the Northern District of California recently certified a class action of California consumers who purchased Charmin/Proctor & Gamble’s “Freshmates” brand of “flushable” bathroom wet-wipes between April 6, 2011, and August 3, 2017. The class claims centered on the allegation that Freshmates were not “flushable” as advertised ... Keep Reading »
Second Circuit Clarifies Ascertainability Rule, Rejecting “Heightened” Standard of Administrative Feasibility
The Second Circuit recently rejected the "heightened" ascertainability requirement under Rule 23(b)(3), turning aside a challenge to a district court's certification of a securities fraud class action. Instead, the court chose to follow the Sixth, Eighth, and Ninth Circuits by adopting an ascertainability standard that only requires "that a class be defined using objective criteria that establish a membership with definite boundaries." A district court certified two ... Keep Reading »
Ninth Circuit Holds ADA Certified Class Has Standing to Challenge Facilities Not Personally Visited by Plaintiff
Plaintiff, seeking declarative and injunctive relief, brought a putative class action alleging that the city and county of San Francisco failed to comply with certain requirements of the Americans with Disabilities Act, specifically alleging that many of San Francisco’s public rights-of-way, pools, libraries, parks, and recreation facilities were not readily accessible to and usable by mobility-impaired persons. Reversing in part the decision of the District Court for ... Keep Reading »
SCOTUS Holds American Pipe Tolling Does Not Apply to Securities Class Action Opt-Out Claims Filed Outside Repose Period: CalPERS v. ANZ Securities, Inc.
We have blogged about the evolution and application of the American Pipe tolling rule, as further expanded by Crown Cork, many times (here, here, here, and here), most recently following the Ninth Circuit’s Resh decision last month (here and here). Under American Pipe, individual claims of unnamed class members in a previously dismissed action may proceed as a subsequently filed class action after the limitations period would otherwise have expired. Today, we switch ... Keep Reading »
Game Over – SCOTUS Holds a Voluntary Dismissal With Prejudice Is Not a Viable Means to Appeal a Denial of Class Certification
A group of plaintiffs hoped to hit the reset button on the Ninth Circuit’s denial of their Rule 23(f) petition to appeal from an order striking class allegations in their case against Microsoft, the maker of the popular Xbox line of videogame consoles. Plaintiffs, who alleged their Xbox 360 consoles had a tendency to scratch game discs, attempted this reset by appealing the certification order after taking a voluntary dismissal of their putative class action with ... Keep Reading »
Lease-Termination Fee Class Fails Third Circuit Ascertainability Requirement
Using the Third Circuit’s comparatively robust ascertainability standard, the United States District Court for the Eastern District of Pennsylvania recently denied certification of a class of tenants allegedly charged an improper lease-termination fee and subjected to collections calls in violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. In its order, the district court explained that under the Third Circuit’s ascertainability precedent, ... Keep Reading »
Lone Objector’s Class-Conflict Arguments Miss the Target
In 2015, Target settled a class action stemming from a massive data breach of its customers’ sensitive information. According to the settlement terms, Target agreed to pay $10 million to those affected. The Minnesota district court originally granted approval over the class and the settlement. However a lone objector filed an appeal, and the Eighth Circuit granted a limited remand because it was not satisfied the district court had conducted a “rigorous analysis” of the ... Keep Reading »
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