The Mellor Law Firm, APLC

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Denial Of Class Certification Reversed.

June 23, 2015 by

Class Certification A retail business routinely recorded the zip codes of its customers who used their credit cards for payment. Plaintiff brought a class action, alleging violation of Civil Code section 1747.08, [the Song-Beverly Credit Card Act of 1971], which prohibits merchants from requesting and recording “personal identification information” as part of a credit card transaction. The trial court found class certification was not ascertainable because each individual class member was not specifically identifiable from the business’s records so notice to the class could not be provided. The appellate court reversed, stating: “Where, as here the class describes a set of common characteristics sufficient to allow a member of that group to identify himself or herself as having a right to recover based on the description, and plaintiff proposed an objective method for identifying class members when that identification becomes necessary, there exists an ascertainable class.” (Aguirre v. Amscan Holdings, Inc. (Cal. App. Third Dist., March 6, 2015) 234 Cal.App.4th 1290 [184 Cal.Rptr.3d 415].)

Filed Under: Appellate Law News, Class Action Law News, Legal News

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The Mellor Law Firm, APLC
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10.0Mark Albert Mellor

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