San Francisco partner Mike Stortz was quoted in a Law360 article titled, “8th Circ. Boosts TCPA Class Cert. Bids In Medtox Ruling.” Mike commented on the Eighth Circuit’s recent ruling reversing a district court’s rejection of a bid to certify a class of more than 3,200 potential plaintiffs who had allegedly received an unwanted single-page fax from the defendant.
The decision could potentially make class certification easier in TCPA class cases, but also continues the courts’ inconsistent and sometimes unclear rulings on ascertainablility.
"The Eighth Circuit confirmed that Rule 23 requires an ascertainable class, but only scratched the surface as to how that requirement applies at class certification," Mike said.