CE Design Limited v. King Architectural Metals, Inc.

Dist. Ct. erred in granting motion for certification of class action in lawsuit alleging that defendant's unsolicited fax to proposed class representative violated Junk Fax Prevention Act. Question remained as to whether instant class representative was suitable representative where record showed that representative signed form for online directory, which suggested that defendant and others could contact representative by fax, and where presence of said defense to instant lawsuit could destroy required typicality of class as well as adequacy of named representative. On remand, Dist. Ct. is free to designate another representative should it determine that instant representative is not proper class representative.