SpeedyPC Software v. Archie Beaton

The Seventh Circuit affirmed the district court’s granting class certification of a nationwide class for breaches of the implied warranties of fitness for a particular purpose and merchantability, and a subclass of Illinois purchasers under the Illinois consumer fraud statute, arising from Plaintiff’s dissatisfaction with Defendant’s software. The district court acknowledged that there were numerous issues that had to be decided on an individual basis, but nevertheless held that class certification was appropriate, suggesting that those individual issues can be decided by each class member submitting affidavits and that class members’ credibility on those issues can be determined by sampling. Two questions are presented:

1. Is it proper for a court to certify a class by suggesting that individual issues can be resolved by the submission of affidavits from each individual class member?

2. Does the lower court’s suggestion Defendant can challenge the class members’ credibility by obtaining the testimony of a representative sample of the class members, and present evidence contradicting statements found in particular affidavits comport with due process?