Class certification defeated based on survey of homeowners

Applied Marketing Science (AMS) was retained by a leading economics consulting firm to design and implement a survey in a putative class action matter concerning an allegedly defective building product. The AMS survey examined the defendant’s response to complaints and proved that the vast majority of customers were satisfied with the service provided. In an extensive qualitative and quantitative study, AMS targeted the geographic areas where problems arose, identified respondents using both random digit dial and list sample methods, questioned product users about the true nature and extent of the alleged defects, and determined how these defects were remedied. Although the courts had granted class certification to plaintiffs in similar lawsuits against other window manufacturers, in this case, the Judge rejected the motion for class certification and ruled that the “Court could not determine that common questions predominated as to any of the claims asserted on behalf of the purported class.”