Sosa v. SAFEWAY PREMIUM FINANCE CO.
73 So. 3d 91
| Fla. | 2011Background
- Sosa sought class certification alleging Safeway knowingly overcharged an extra $20 twice in a 12-month period under Florida statutes 627.840 and 627.835.
- The trial court granted class certification; the Third District reversed, finding lack of commonality and predominance under Rule 1.220.
- Florida’s Department of Financial Services had previously limited the $20 charge to once per 12 months, and Safeway operated a manual system that caused overcharges.
- Safeway later automated the process to credit $20 when a prior six-month period existed, addressing the prior overcharges.
- The Florida Supreme Court granted review to address whether de novo review was proper and whether commonality and predominance were satisfied, adopting an abuse-of-discretion standard of review.
- The Court ultimately held that the Third District erred and remanded for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether abuse of discretion governs class-cert review | Sosa used proper standard; deference to trial facts required | Third District correctly applied de novo review | Not met; abuse of discretion applies |
| Whether 'knowingly' is a threshold merits issue or a class-cert issue | Knowingly element should not defeat certification at this stage | Knowingly Defeats commonality/predominance at certification | Knowingly is a merits issue; not required for class cert at this stage |
| Whether commonality under Rule 1.220(a) was satisfied | Common course of conduct and same legal theory; not undermined by factual variations | Different circumstances per class member preclude commonality | Commonality satisfied; Third District erred in finding otherwise |
| Whether predominance under Rule 1.220(b)(3) was satisfied | Class-wide proof possible; damages calculable by uniform formula | Individual damages and defenses predominate | Predominance satisfied; class certification proper |
| Whether Sosa had standing to represent the class | Sosa suffered economic injury under 627.835; qualifies as class rep | Standing is lacking or not adequately shown | Standing satisfied; proper class representative |
Key Cases Cited
- Olen Properties Corp. v. Moss, 981 So.2d 515 (Fla. 4th DCA 2008) (abuse-of-discretion standard for class-cert is appropriate)
- Glen Cove Apartments Condominiums Master Ass'n, Inc. v. Smith, 847 So.2d 1107 (Fla. 4th DCA 2003) (commonality/predominance analysis in class actions)
- Engle v. Liggett Grp., Inc., 945 So.2d 1246 (Fla. 2006) (abuse of discretion governs class-cert decisions)