Stroock Special Bulletin
"Seventh Circuit Rules No Heightened 'Ascertainability' Requirement"
In yet another plaintiff-friendly ruling in litigation under the Telephone Consumer Protection Act, 47 U.S.C. 227, et seq. (“TCPA”), the Seventh Circuit on July 27th made it easier for large litigation classes to be certified, holding that Federal Rule of Civil Procedure 23(b)(3) does not impose a heightened “ascertainability” requirement. Mullins v. DirectDigital, LLC, No. 15-1776, 2015 U.S. App. LEXIS 13071, *1 (7th Cir. July 28, 2015). In class action jurisprudence, “ascertainability” refers to the requirement that plaintiffs prove at the certification stage that there is a “reliable and administratively feasible” way to identify all who fall within the class definition.