Cite as 2015 Ark. 73
criteria." The circuit court did not have to go behind the class definition and make a separate finding that the class was readily ascertainable—the class definition speaks for itself.
Moreover, unlike Ferguson, supra, this class definition is straightforward. In Ferguson, class plaintiffs alleged that Kroger’s double-coupon advertising campaign was false and misleading.[1] However, the problem was that the proposed class was defined by reference to five different criteria. We affirmed the circuit court’s refusal to certify the class, finding that the class plaintiffs' "ability to define the class to be all but insurmountable." Ferguson, 343 Ark. at 634, 37 S.W.3d at 594. But here there is only one inquiry: Did a plaintiff ever buy Marlboro Lights during the specified time period? If so, he or she is a member of the class. This is hardly an "insurmountable" question to answer.
Philip Morris asserts that the class is still poorly defined, and unascertainable, because each class member will have to present receipts in order to opt-in to the class; it further contends that plaintiffs cannot provide receipts, and thus will not be able to prove their membership in the class. Plaintiffs respond that consumers can prove their class membership in other ways, for example, by an affidavit or through testimony. We agree with the plaintiffs. There is no receipt requirement in order to join a class action. One of
- ↑ "Kroger advertised to the general public that it would double the value of a manufacturer's coupon for goods on particular days. The value of that doubled coupon would then be deducted against the price of the product. During this time period, Kroger discounted the amount of state sales tax against the enhanced coupon value. The net result was that customers did not receive the full double-coupon value. Rather, they received the double-coupon value less the sales tax on the enhanced value, which was remitted to the applicable state revenue department by Kroger." Ferguson, 343 Ark. at 629, 37 S.W.3d at 591.
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