In a noteworthy development in True Health Chiropractic, Inc. v. McKesson Corp., No. 22-15710, 2023 WL 7015279 at the Ninth Circuit, the district court’s decertification of a “junk fax” class was affirmed. The court made this decision on the basis that individual facts predominated. It was reasoned that the Plaintiff failed to provide a viable methodology to distinguish between members of the suggested class who received faxes on stand-alone fax machines and those who received them through an online fax service, which is presumed to be via e-mail.
This case is indicative of a stringent approach towards classification and reflects the courts’ wariness of broad-brush class definitions that lack precise delineation. The absence of a concrete methodology that accurately differentiates the potential class members, unsurprisingly, led the Ninth Circuit court to uphold the district court’s decision.
The broader implications of this decision may bear significant weight on similar cases in the future. With the courts showing a clear preference for precise delineation and evidence-based claims, plaintiffs may find the certification process especially challenging unless they are equipped with a well-defined and robust methodology to identify class members.
For a more detailed understanding of the True Health Chiropractic, Inc. v. McKesson Corp. case and its implications, you can read the complete coverage here.