'No Reliance' Defense Defeats Class Certification

Law360, New York (May 19, 2008, 12:00 AM EDT) -- Unlike common law fraud, most consumer fraud statutes do not require a showing of reliance. For this reason, plaintiffs have repeatedly argued that manufacturers can be held liable to an entire class of plaintiffs for an alleged misrepresentation – even if most members of the class never saw the misrepresentation, or saw it but purchased the item for some other, unrelated reason.

Consumer fraud defendants have fought back against this line of attack, with varying degrees of success, by arguing that causation, which is required under...
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