United States Third Circuit

In this putative class action, denial of certification as to all of the proposed classes and summary judgment against an individual plaintiff as to her state law consumer deception claim, is affirmed, where: 1) class litigation involving dozens of state consumer fraud laws was not viable, and common facts and a common course of conduct did not predominate; 2) individual inquiries would be required to determine whether an alleged overbilling constituted unjust enrichment for each class member; 3) even after full discovery, no party has produced a written demand for payment from a debt collector; and 4) appellant Cassese provided no facts that could allow a jury to infer that she suffered any actual harm as a result of defendants' actions.

Appellate Information

• Decided 09/11/2014
• Published 09/11/2014

Judges

• Rendell

Court

• United States Third Circuit

Counsel