Monday, August 22, 2011

Ninth Circuit -- STEPHEN STEARNS V. TICKETMASTER CORP

STEPHEN STEARNS V. TICKETMASTER CORP

   Reversal of denial of class certification for consumers who incurred recurring charges on their credit card through a program on Tickemaster's website.

   Error in denial under typicality, intervening caselaw establishes that the statute requires likelihood of deception, not individual proof of causation.

   Error in denial of class for violation of state unfair practices law, as there is a presumption of reliance established where materiality of misleading statement is established.

     Notice requirement does not require that the notice inform deft that class action is impending.

     No abuse of discretion in denying class for EFTA claim, as different means of payment (credit/debit) might skew damage award calculation.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.