The U.S. Court of Appeals for the Third Circuit has vacated a ruling denying class certification to businesses complaining about junk faxes sent allegedly from the financing arm of BMW.
Class certification had been denied by the district court in City Select Auto Sales v. BMW Bank of North America based on a finding that no reliable means existed for identifying whether potential class members fell within the proposed class definition. But the appeals court said in Wednesday’s ruling that the district judge misapplied the Third Circuit’s heightened standard for ascertainability.
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