Maestle v. Best Buy Co.

2011 Ohio 5833, 967 N.E.2d 227, 197 Ohio App. 3d 248
CourtOhio Court of Appeals
DecidedNovember 10, 2011
Docket96265
StatusPublished
Cited by2 cases

This text of 2011 Ohio 5833 (Maestle v. Best Buy Co.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maestle v. Best Buy Co., 2011 Ohio 5833, 967 N.E.2d 227, 197 Ohio App. 3d 248 (Ohio Ct. App. 2011).

Opinions

Frank D. Celebrezze Jr., Judge.

{¶ 1} Plaintiff-appellant, Shawn W. Maestle, appeals from the judgment of the Cuyahoga County Court of Common Pleas denying his Civ.R. 23 motion for class certification. For the following reasons, we affirm the judgment of the trial court.

{¶ 2} Appellant’s suit against defendants-appellees, Bank One, N.A., and Best Buy Company (collectively, “defendants”), related to his purchase of consumer products from Best Buy using a Best Buy “private-label” credit card. Best Buy, a large retail seller of consumer products, has in the past designated certain banks to establish private-label credit cards for its customers’ use. One such private-label card program was run by Bank One from 1990 to 1998. On December 24, 1998, Bank One transferred all its private label Best Buy credit-[250]*250card accounts to a different bank and has not administered any Best Buy private-label accounts since that date.

{¶ 3} Bank One’s private-label credit cards were governed by a written account agreement that cardholders received at the Best Buy store when they applied for the card and in the mail when the card was delivered. The credit card allowed Best Buy customers to purchase certain items on credit and avoid paying interest if the purchase was completely paid within a set “promotional period.” Customers who made such purchases were informed on their sales receipt which of two promotional plans applied and received a separate “optional financing plans” disclosure that described the benefits and obligations of each plan.

{¶ 4} The two general categories of promotional plans offered through the card were “no pay/deferred interest” and “same as cash.” With the former, the customer enjoyed a promotional period during which no payment was required. The same-as-cash plan, in contrast, had a year-long promotional period, but the buyer was required to make minimum monthly payments during that time.

{¶ 5} On September 13, 2000, appellant filed suit against the defendants on behalf of himself and others similarly situated, alleging breach of contract, fraud, and violations of the Ohio Consumer Sales Practices Act. Specifically, appellant’s complaint alleged that defendants improperly:

{¶ 6} (1) denied the benefit of “same as cash” promotions by having their credit-card account payments allocated (when they had multiple promotional balances outstanding) to the balance with the latest expiring promotional period;

{¶ 7} (2) assessed “a minimum monthly finance charge” on promotional purchases in the amount of 50 cents, or any other amount, when the agreement made no provision for such charges; or

{¶ 8} (3) assessed, on a promotional-credit-card balance, interest accruing retroactively from the transaction date rather than from the first day following the expiration of the promotional period.

{¶ 9} On June 23, 2006, appellant moved for class certification pursuant to Civ.R. 23, stating that over 10,000 people were subject to Best Buy’s alleged improper charges. On February 9, 2007, the trial court scheduled a hearing on class certification for April 11, 2007. On February 26, 2007, defendants moved for summary judgment and moved to stay the class-certification hearing. On April 2, 2007, the trial court denied defendants’ motion to stay class certification. On April 10, 2007, the trial court rescheduled the class-certification hearing to May 2, 2007. By journal entry dated May 7, 2007, the trial court noted that no oral hearing was held on May 2, 2007, and stated that the court would “make its ruling as to class certification within approximately 30 days.” On December 7, 2010, over three years later, the trial court denied appellant’s motion for class [251]*251certification, stating that appellant could not establish any of the requirements for class certification except numerosity.

{¶ 10} Appellant appeals from the judgment of the trial court, raising one assignment of error for review.

Law and Analysis

{¶ 11} In his sole assignment of error, appellant argues that “the trial court erred in ordering and determining that this action may not be maintained as a class action.”

{¶ 12} Civ.R. 23(A) permits courts to group into classes large numbers of persons whose claims for rights or remedies involve common questions of law and fact. Two implicit prerequisites to certification of a class action under Civ.R. 23(A) are (1) that there be an unambiguous, identifiable class and (2) that the class representatives be members of that class. In addition, Civ.R. 23(A) sets forth four explicit requirements that must be met before a class may be certified. The moving party must establish that (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative party or parties will fairly and adequately protect the interest of the class. Hamilton v. Ohio Sav. Bank (1998), 82 Ohio St.3d 67, 71, 694 N.E.2d 442.

{¶ 13} Additionally, a party seeking class certification must shoyv that the action conforms to at least one of the three categories of actions, as set forth in Civ.R. 23(B), that qualify for class treatment. Id. An action may be brought as a class action if (1) a series of separate actions would create a risk of inconsistent adjudications or incompatible standards of conduct for the party opposing the class action, (2) injunctive relief would be an appropriate remedy for the entire class, or (3) common questions of law or fact predominate over questions involving only individual members of the class and class treatment is the superior method of resolving the controversy. Civ.R. 23(B).

{¶ 14} Class action is a creature of equity, so the plaintiff bears the burden of establishing the right to a class action. Shaver v. Std. Oil Co. (1990), 68 Ohio App.3d 783, 589 N.E.2d 1348. The failure to establish any of the seven requirements for class certification will defeat the claim. See Bardes v. Todd (2000), 139 Ohio App.3d 938, 943, 746 N.E.2d 229; Ritt v. Billy Blanks Ents., 171 Ohio App.3d 204, 2007-Ohio-1695, 870 N.E.2d 212, ¶ 37.

{¶ 15} An appellate court defers to the trial court’s decision to certify a class, and any determination as to whether a class action may be maintained can be reversed only for an abuse of discretion. Marks v. C.P. Chem. Co. (1987), 31 [252]*252Ohio St.3d 200, 509 N.E.2d 1249, syllabus. An abuse of discretion implies an unreasonable, arbitrary, or unconscionable attitude on the part of the trial court. Id.

{¶ 16} Although defendants raise a number of arguments in support of the trial court’s denial of the class certification, we need not discuss each of them in light of our analysis relating to the identifiable class prerequisite.

{¶ 17} As stated above, Civ.R. 23 requires that an identifiable class must exist and that the definition of the class must be unambiguous.

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Related

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2018 Ohio 4607 (Ohio Court of Appeals, 2018)
Maestle v. Best Buy Co.
2011 Ohio 5833 (Ohio Court of Appeals, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2011 Ohio 5833, 967 N.E.2d 227, 197 Ohio App. 3d 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maestle-v-best-buy-co-ohioctapp-2011.