National Fuel Retailer Defeats Putative FACTA Class Action

U.S. District Court, Western District of Missouri

Shook, Hardy & Bacon defeated class certification in a putative class action brought against a national fuel retailer for alleged violations of the Fair and Accurate Credit Transactions Act (FACTA). In denying plaintiffs’ Rule 23 motion, the court cited plaintiffs’ failure to satisfy both ascertainability and manageability problems highlighted in our client's briefs. Agreeing with our arguments, the court found that the difficulties in managing a class action in the case would be too great. Frobos v. Pilot Travel Ctrs., LLC, No. 2:10­cv­01097­NKL, slip op. (W.D. Mo. Oct. 20, 2011).