Law360, New York (November 18, 2011, 4:07 PM EST) -- A California federal judge refused Thursday to certify a class action accusing General Nutrition Corp. of illegally asking for customers' ZIP codes during credit card transactions, chiding the plaintiff's counsel for citing the Dukes decision overturned by the U.S. Supreme Court.
U.S. District Judge S. James Otero denied plaintiff Norma Rothman's motion for class certification, ruling the proposed class was overbroad and did not meet requirements for commonality, typicality or adequacy of representation. Rothman claims clerks at the supplement seller's stores in California requested customers' ZIP codes in violation of the Song-Beverly Credit Card Act.
In determining that attorneys from Ridout...
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