This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Technology

Apr. 1, 2026

Personalized pricing lawsuits face uphill battle for class certification

See more on Personalized pricing lawsuits face uphill battle for class certification

Joanna Rosen Forster

Partner
Crowell & Moring LLP

See more...

Personalized pricing lawsuits face uphill battle for class certification

With the rise of data-driven pricing technologies enabling online companies to potentially charge consumers individualized prices calibrated to their predicted willingness to pay, private plaintiffs are likely to initiate class litigation to redress perceived harms. But can personalized pricing claims survive class certification? Generally, class plaintiffs seeking damages must satisfy, inter alia, the predominance requirement to proceed as a class. While the existen...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up