A federal court of appeals decision recently created a sharp circuit split regarding the requirements for certifying class actions in cases involving consumer purchases of inexpensive items where consumers are not likely to have retained their receipts.
On one side is the U.S. Circuit Court of Appeals for the Third Circuit, which has adopted a strict rule against relying solely on affidavits by putative class member to self-identify as members of the class. On the other side is the Seventh Circuit, which recently issued a detailed critique of the Third Circuit’s analysis and rejected its holding regarding the requirements for ascertaining class membership.
