Lease-Termination Fee Class Fails Third Circuit Ascertainability Requirement

Using the Third Circuit's comparatively robust ascertainability standard, the United States District Court for the Eastern District of Pennsylvania recently denied certification of a class of tenants allegedly charged an improper lease-termination fee and subjected to collections calls in violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq.

In its order, the district court explained that under the Third Circuit's ascertainability precedent, it is the representative plaintiff's burden to demonstrate that: "(1) the class is defined with reference to objective criteria; and (2) there is a reliable and administratively feasible mechanism for determining whether putative class members fall within the class definition." If the court and parties must engage in "extensive and individualized fact-finding or 'mini-trials'" to ascertain the class's members, "then a class action is inappropriate."