Microsoft Consumer Denied Class Cert. In Privacy Suit
By Kurt Orzeck (October 11, 2013, 9:18 PM EDT) -- A California federal judge denied class certification Wednesday in a suit accusing Microsoft Corp. of illegally collecting consumers' personal information during credit card transactions, deciding that customers at Microsoft stores weren't asked to give the information as a condition for their purchases.
U.S. District Judge Stephen V. Wilson determined Microsoft had presented enough evidence showing that its sales associates don't follow scripted instructions in their interactions with customers and that a personal identification information request could be phrased differently and occur at various points in a transaction. Thus, the proposed class didn't meet commonality and typicality requirements, he ruled.
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