Seventh Circuit Upholds Class Certification for Consumer Fraud Claims

Originally published June 14, 2010

Keywords: Seventh Circuit, class certification, consumer fraud, class action, Pella, Saltzman

While consumer fraud cases routinely present challenges that preclude class certification, the US Court of Appeals for the Seventh Circuit recently ruled that these challenges are not categorically insurmountable. 

In Pella Corp. v. Saltzman, No. 09-8020 (7th Cir. May 20, 2010), the court upheld an order granting certification of a consumer fraud class action. While recognizing that "consumer fraud class actions present problems that courts must carefully consider before granting class certification," the court declared that "there is not and should not be a rule that they never can be certified." Turning to the facts of the case, the court held that class treatment was appropriate for certain common questions. However, the Seventh Circuit recognized—and did not disturb—the district court's decision to reject certification of