Did You See That? Defeating Class Certification Where Class Members Did Not See the Challenged Advertisement | Patterson Belknap Webb & Tyler LLP
To embed, copy and paste the code into your website or blog: In putative class actions alleging false advertising, plaintiffs often argue that class certification is appropriate because the language being challenged appeared on the defendant’s marketing materials or product label, thereby making the class members’ experience—and the question(s) to be resolved—common. These plaintiffs invariably claim that individualized questions of deception and reliance do not defeat certification, because consumer protection statutes employ an objective, “reasonable consumer” test that does n...
Source: jdsupra.com