3rd Circ. Vacates Cert. Denial In Telemarketer Fraud Suit

Law360, New York (September 2, 2015, 8:12 PM EDT) -- 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 standard of absolute proof when he concluded there was insufficient commonality among the proposed class...

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