Arch Street Pawn Shop, LLC, and Rocky Carter, Appellants v. Anita Gunn and Maurice Spencer, Appellees

Summary

The court reversed certification of a proposed class of pawn-shop customers because the class definition was not ascertainable. Determining whether each pawn transaction created a loan and debt would require individualized inquiries into the customer’s circumstances, including whether the customer intended to redeem the pawned item. Because ascertainability is a threshold requirement, the circuit court erred by proceeding to the Rule 23 analysis; the court did not reach the evidentiary objections.