3rd Circ. Vacates Cert. Denial In Telemarketer Fraud Suit
By Emily Field
Law360, New York (September 2, 2015, 8:12 PM ET) -- The Third Circuit on Wednesday vacated a lower court’s order denying class certification to plaintiffs who allege Zions Bancorp. was complicit in a series of schemes by telemarketers to gain access to customers’ bank accounts and charge excessive fees, saying the court held the plaintiffs to an excessively high standard of proof.
In a published, detailed opinion, the circuit panel ruled that the district court misunderstood the burden of proof placed on a plaintiff seeking class certification. The judge had held plaintiff Reynaldo Reyes to a...