Bloomberg Law
July 29, 2019, 6:35 PM

Rite Aid Must Face Revived Kiddie Pool False Ad Class Action

Perry Cooper
Perry Cooper

Consumers alleging Rite Aid Corp. subsidiary Thrifty PayLess Inc. falsely advertised the size of inflatable pools will get another shot at class certification.

The lower court improperly denied class certification based on its finding that the class didn’t present evidence of how to identify class members, Chief Justice Tani Gorre Cantil-Sakauye wrote for the California Supreme Court.

“The ascertainability requirement does not incorporate the additional evidentiary burden that the courts below would have imposed,” the court said.

The unanimous opinion is the first time the California Supreme Court has set a clear standard for the implied class certification requirement that ...

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