Eleventh Circuit Rejects GM Attack on Safety Sticker Class Certification

Eleventh Circuit Rejects GM Attack on Safety Sticker Class Certification

The U.S. Court of Appeals for the Eleventh Circuit affirmed the District Court’s grant of class certification in  an action brought under the Florida Deceptive and Unfair Trade Practices Act against General Motors Co. alleging that GM sold Cadillac CTS sedans with window stickers suggesting that the cars had  received a perfect five-star safety rating from NHTSA, when NHTSA had not yet assigned any safety rating to the cars.  GM argued that class certification was improper, because the buying and leasing decisions of each proposed class member would be individualized and not uniform.  The Eleventh Circuit disagreed, finding that the FDUTPA’s “benefit of the bargain” model would allow for a standardized class-wide damages figure based on the difference in market value between a Cadillac CTS with a five-star rating and a Cadillac CTS with no rating. [5/20/16]

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