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Expert Analysis

High Stakes In Ascertainability Of Low-Dollar Purchases

Law360, New York (June 10, 2014, 11:26 AM EDT) -- Two recent decisions highlight the split in federal courts related to certifying class actions comprised of consumers of low-dollar consumable purchases, such as food and beverage products. Because the identities of these consumers are generally unknown and sales data identifying these consumers is largely unavailable, some federal courts have held that class actions comprised of these consumers are not "ascertainable." While other jurisdictions have rejected this approach on the grounds that demanding proof of identity of these consumers would essentially eviscerate these class actions....

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