Thorogood v. Sears, Roebuck and Co.
United States Court of Appeals for the Seventh Circuit
547 F.3d 742 (2006)
Relevant factsFree
Thorogood (plaintiff) sued Sears (defendant) on behalf of a proposed class of roughly half a million dryer purchasers across 29 states, alleging Sears falsely advertised a clothes dryer as made of stainless steel when part of the drum wasn't, causing rust that stained clothes; the district court certified the class under the Tennessee Consumer Protection Act, presuming class-wide reliance on the alleged misrepresentation, and Sears appealed the certification.
IssueFree
Whether, in a class-action suit under state consumer-protection law, class-wide reliance on the allegedly deceptive advertising can be presumed.