Judge Paul Crotty
World Financial Network National Bank (WFNNB) issued Kelen a credit card for use at Ann Taylor LOFT stores. Alleging WFNNB’s failure to provide account-opening disclosures complying with Regulation Z, Kelen sought statutory damages under §1601(a)(3) of the Truth in Lending Act (TILA), and certification of a class consisting of at least 52 members. The court granted certification, finding Rules 23(A) and 23(b)(3) met. In addition to meeting Rule 23(A)’s numerosity requirement, and noting that each purported class member suffered the same injury, the court concluded that issues whether each class member satisfied a condition triggering an obligation from WFNNB under the contract were irrelevant as Kelen’s claims were based on TILA’s violation. Rule 23(b)(3)’s predominance prong was met by Kelen’s assertion that she will seek to show that WFNNB violated her billing rights by failing to furnish the required disclosures. Because she seeks only statutory damages not requiring evidence of actual injury, WFNNB’s “individualized inquiries”—such as whether the class member made a purchase exceeding $50 so as to trigger the disclosure obligation—were largely irrelevant and will not predominate.
