Ninth Circuit Reaffirms Lozano, Holds Typicality Does Not Require Identical Injuries Among Class Members

The Ninth Circuit recently affirmed orders by the District Court for the Northern District of California certifying two national classes in an action under Racketeer Influenced and Corrupt Organizations Act (RICO), the Fair Credit Reporting Act (FCRA), and the California Unfair Competition Law (UCL).

Plaintiffs, small businesses and small business owners, alleged fraudulent dealings in their leases of "point of sale" credit and debit card processing equipment from defendants, a group of entities that financed their acquisition of the equipment. Plaintiffs alleged two fraudulent schemes — first, that defendants defrauded them by collecting or attempting to collect past taxes that were not actually due or paid to any taxing authority (the national "Post-Lease Expiration" class) and second, that defendants used an incorrect method in their collection of property taxes from plaintiffs by using the acquisition cost, rather than the equipment cost, as the tax base (the