Ascertainability requires a class defined by objective criteria so that membership can be determined administratively. Some circuits impose a heightened requirement demanding a reliable and administratively feasible method of identifying members.
It is an implied requirement rather than an express element of Rule 23.
Alternative Names:
Class Definition Requirement, Identifiability
Why it Matters?
This requirement matters most in consumer cases involving low-cost products purchased without records, where the only way to identify members is claimant affidavits. Circuits applying the heightened standard have denied certification on that basis, while others hold affidavits sufficient. The split makes forum a significant strategic variable in consumer class litigation.
Frequently Confused with
Related terms
Frequently asked questions
What is a fail-safe class?
Are claimant affidavits sufficient to identify members?
