Geri Siano Carriuolo v. General Motors Company , 823 F.3d 977 ( 2016 )


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  •                Case: 15-14442   Date Filed: 05/17/2016   Page: 1 of 22
    [PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 15-14442
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 0:14-cv-61429-JIC
    GERI SIANO CARRIUOLO,
    on her own behalf and on behalf of all others similarly situated,
    PETER BRACCHI,
    Plaintiffs - Appellees,
    versus
    GENERAL MOTORS COMPANY,
    Defendant - Appellant.
    ________________________
    Appeal from the United States District Court
    for the Southern District of Florida
    ________________________
    (May 17, 2016)
    Before MARCUS, WILSON, and ROSENBAUM, Circuit Judges.
    MARCUS, Circuit Judge:
    In this interlocutory appeal, Defendant-Appellant General Motors LLC
    challenges a district court order granting in part a motion for class certification
    Case: 15-14442    Date Filed: 05/17/2016    Page: 2 of 22
    proffered by Plaintiffs-Appellees Geri Siano Carriuolo and Peter Bracchi in their
    action brought pursuant to the Florida Deceptive and Unfair Trade Practices Act
    (“FDUTPA”), Fla. Stat. § 501.201, et seq. The district court certified a class
    consisting of all Florida purchasers and lessees of 2014 Cadillac CTS sedans. On
    appeal, General Motors argues that the district court erroneously certified the class
    under Fed. R. Civ. P. 23 because: (1) there are not questions of law or fact
    common to the class; (2) any common questions of law or fact do not predominate;
    (3) a class action is not superior; and (4) the representative parties will not fairly
    and adequately protect the interests of the class. After thorough review, we can
    discern no abuse of discretion in the district court’s class certification, and,
    accordingly, affirm.
    I.
    We review a district court’s grant of class certification for abuse of
    discretion. Vega v. T-Mobile USA, Inc., 
    564 F.3d 1256
    , 1264 (11th Cir. 2009).
    “A district court abuses its discretion if it applies an incorrect legal standard,
    follows improper procedures in making the determination, or makes findings of
    fact that are clearly erroneous.” Klay v. United Healthgroup, Inc., 
    376 F.3d 1092
    ,
    1096 (11th Cir. 2004) (quotation omitted). “It is irrelevant whether this Court
    would have granted certification, and as long as the district court’s reasoning stays
    within the parameters of Rule 23’s requirements, [its] decision will not be
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    disturbed.” Babineau v. Fed. Express Corp., 
    576 F.3d 1183
    , 1189 (11th Cir. 2009)
    (quotation omitted and alterations adopted). The burden of establishing the
    requirements of Rule 23 is on the plaintiff who seeks to certify the class. See
    Heaven v. Trust Co. Bank, 
    118 F.3d 735
    , 737 (11th Cir. 1997). The Supreme
    Court has repeatedly “emphasized that it may be necessary for the court to probe
    behind the pleadings before coming to rest on the certification question, and that
    certification is proper only if the trial court is satisfied, after a rigorous analysis,
    that the prerequisites of Rule 23(a) have been satisfied.”          Comcast Corp. v.
    Behrend, 
    133 S. Ct. 1426
    , 1432 (2013) (quotations omitted). “Such an analysis
    will frequently entail overlap with the merits of the plaintiff’s underlying claim.”
    
    Id. (quotation omitted).
    II.
    The facts -- as alleged in the complaint -- are these. In November 2013,
    Bracchi purchased a new 2014 Cadillac CTS sedan in Brentwood, Tennessee. In
    December 2013, Carriuolo purchased the same model in Sunrise, Florida. As it
    turns out, when these vehicles were sold, General Motors had provided -- in the
    standardized “Monroney” window stickers that appear on new vehicles --
    inaccurate safety information. The stickers are intended to provide safety ratings
    assigned by the National Highway Traffic Safety Administration (“NHTSA”) on a
    five-star scale for six categories, including: (1) rollover risk; (2) the risk of injury
    3
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    to the driver from a frontal crash; (3) the risk of injury to the passenger in a frontal
    crash; (4) the risk of injury to the driver in a side crash; (5) the risk of injury to the
    passenger in a side crash; and (6) an overall safety rating. The Monroney stickers
    for certain 2014 Cadillac CTS sedans represented that each vehicle had received
    perfect five-star ratings in three categories: risk of injury to the driver from a
    frontal crash, risk of injury to the passenger from a frontal crash, and risk of
    rollover. No ratings were provided for the other categories. The sticker is depicted
    in Figure 1 below:
    FIGURE 1
    In fact, the NHTSA had not assigned any safety ratings to the 2014 Cadillac
    CTS at the time of sale to class members. As acknowledged in a May 2014 letter
    from General Motors to Carriuolo, her vehicle displayed inaccurate safety data:
    4
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    The purpose of this letter is to advise you about an inadvertent error
    on your vehicle’s window label with respect to the National Highway
    Traffic Safety Administration’s (NHTSA) safety ratings for your
    vehicle. Not all vehicles are tested by NHTSA every model year.
    When a vehicle is tested, however, star ratings are issued by NHTSA
    for frontal crash, side crash, rollover, and overall vehicle performance.
    All of these ratings are then placed on the window label. While
    Cadillac always strives for excellence in safety and quality, as of the
    date of this letter, the 2014 CTS Sedan has not been tested or rated by
    NHTSA as to its vehicle crash performance. Therefore, the vehicle
    does not have any star ratings from NHTSA in any category.
    The window label on your vehicle correctly indicated that its overall
    vehicle and side crash performance were not rated. However, due to
    an inadvertent computer programming error, the label also indicated
    that your vehicle had achieved a 5-star rating for frontal crash and
    rollover performance. This is not correct. Enclosed is a corrected
    window label accurately reflecting that your vehicle has no NHTSA
    star ratings. If you have retained the original window label with the
    incorrect information, please discard it and retain the enclosed
    corrected label instead.
    The appropriate sticker -- without any rankings -- is depicted in Figure 2.
    FIGURE 2
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    General Motors and dealers responded to customers expressing concern by
    offering “goodwill options” like automatic OnStar extensions, XM radio service,
    accessory certificates, service coupons, and vehicle repurchases. In late May 2014,
    General Motors asked NHTSA to test the CTS. NHTSA announced on August 6,
    2014, that the CTS earned a five-star rating for five of the six safety categories, but
    earned a four-star rating for risk of injury to the passenger from a frontal crash.
    In this action, plaintiffs claimed violations of FDUTPA, Fla. Stat. § 501.201,
    et seq., and the Tennessee Consumer Protection Act, Tenn. Code § 47-18-101, et
    seq.; unjust enrichment; and breach of express warranty. Plaintiffs also moved for
    certification of four classes: (1) a Florida class, (2) a Tennessee class, (3) a
    Nationwide Unjust Enrichment Class, and (4) a Multistate Breach of Express
    Warranty Class. Notably, the district court certified only one class -- a class of
    persons “within the State of Florida who purchased or leased a 2014 Cadillac CTS
    that had affixed to it false and deceptive information concerning the NHTSA safety
    ratings for the vehicle,” designating Carriuolo as the lead plaintiff -- and denied
    certification of the other proposed classes. General Motors petitioned us under
    Rule 23(f)1 to review the class certification order. We granted the petition.
    1
    “A court of appeals may permit an appeal from an order granting or denying class-action
    certification under this rule if a petition for permission to appeal is filed with the circuit clerk
    within 14 days after the order is entered.” Fed. R. Civ. P. 23(f).
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    III.
    FDUTPA prohibits “[u]nfair methods of competition, unconscionable acts or
    practices, and unfair or deceptive acts or practices in the conduct of any trade or
    commerce.” Fla. Stat. § 501.204(1). The elements comprising a consumer claim
    for damages under FDUTPA are: (1) a deceptive act or unfair practice;
    (2) causation; and (3) actual damages. City First Mortg. Corp. v. Barton, 
    988 So. 2d
    82, 86 (Fla. Dist. Ct. App. 2008). To satisfy the first element, the plaintiff must
    show that “the alleged practice was likely to deceive a consumer acting reasonably
    in the same circumstances.” State, Office of the Att’y Gen. v. Commerce Comm.
    Leasing, LLC, 
    946 So. 2d 1253
    , 1258 (Fla. Dist. Ct. App. 2007) (quotation
    omitted). Under Florida law, an objective test is employed in determining whether
    the practice was likely to deceive a consumer acting reasonably. That is, “[a] party
    asserting a deceptive trade practice claim need not show actual reliance on the
    representation or omission at issue.” Davis v. Powertel, Inc., 
    776 So. 2d 971
    , 973
    (Fla. Dist. Ct. App. 2000).
    Moreover, “a plaintiff seeking to represent a proposed class must establish
    that the proposed class is ‘adequately defined and clearly ascertainable.’” Little v.
    T-Mobile USA, Inc., 
    691 F.3d 1302
    , 1304 (11th Cir. 2012). If the district court
    determines that this requirement has been met, it is then obliged to examine the
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    prerequisites set forth in Federal Rule of Civil Procedure 23(a), which provides
    that a class representative may sue on behalf of its members only if:
    (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 parties will fairly and adequately protect the
    interests of the class.
    Fed. R. Civ. P. 23(a). “[F]or purposes of Rule 23(a)(2) even a single common
    question will do.” Wal-Mart Stores, Inc. v. Dukes, 
    131 S. Ct. 2541
    , 2556 (2011)
    (quotations omitted). “That common contention . . . must be of such a nature that
    it is capable of classwide resolution -- which means that determination of its truth
    or falsity will resolve an issue that is central to the validity of each one of the
    claims in one stroke.” 
    Id. at 2551;
    see also Williams v. Mohawk Indus., Inc.,
    
    568 F.3d 1350
    , 1355 (11th Cir. 2009) (“Commonality requires that there be at least
    one issue whose resolution will affect all or a significant number of the putative
    class members.” (quotation omitted)).
    In addition to meeting the requirements found in Rule 23(a), a plaintiff must
    establish that the proposed class satisfies at least one of three requirements listed in
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    Rule 23(b). 2        Here, the district court concluded that Carriuolo satisfied Rule
    23(b)(3), which allows the maintenance of a class action when “the court finds that
    the questions of law or fact common to class members predominate over any
    2
    Rule 23(b) provides that:
    A class action may be maintained if Rule 23(a) is satisfied and if:
    (1) prosecuting separate actions by or against individual class members
    would create a risk of:
    (A) inconsistent or varying adjudications with respect to individual
    class members that would establish incompatible standards of
    conduct for the party opposing the class; or
    (B) adjudications with respect to individual class members that, as
    a practical matter, would be dispositive of the interests of the
    other members not parties to the individual adjudications or
    would substantially impair or impede their ability to protect
    their interests;
    (2) the party opposing the class has acted or refused to act on grounds that
    apply generally to the class, so that final injunctive relief or
    corresponding declaratory relief is appropriate respecting the class as a
    whole; or
    (3) the court finds that the questions of law or fact common to class
    members predominate over any questions affecting only individual
    members, and that a class action is superior to other available methods
    for fairly and efficiently adjudicating the controversy. The matters
    pertinent to these findings include:
    (A) the class members’ interests in individually controlling the
    prosecution or defense of separate actions;
    (B) the extent and nature of any litigation concerning the controversy
    already begun by or against class members;
    (C) the desirability or undesirability of concentrating the litigation of
    the claims in the particular forum; and
    (D) the likely difficulties in managing a class action.
    Fed. R. Civ. P. 23(b).
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    questions affecting only individual members, and that a class action is superior to
    other available methods for fairly and efficiently adjudicating the controversy.”
    Fed. R. Civ. P. 23(b)(3). As we’ve explained:
    Common issues of fact and law predominate if they have a direct
    impact on every class member’s effort to establish liability and on
    every class member’s entitlement to injunctive and monetary relief.
    On the other hand, common issues will not predominate over
    individual questions if, as a practical matter, the resolution of an
    overarching common issue breaks down into an unmanageable variety
    of individual legal and factual issues.
    
    Babineau, 576 F.3d at 1191
    (quotations and citations omitted and alterations
    adopted).
    The predominance requirement in Rule 23(b)(3) is “far more demanding”
    than the commonality requirement found in Rule 23(a)(2), and “tests whether
    proposed classes are sufficiently cohesive to warrant adjudication by
    representation.” Amchem Products, Inc. v. Windsor, 
    521 U.S. 591
    , 623-24 (1997).
    Common issues can predominate only if they have a “direct impact on every class
    member’s effort to establish liability that is more substantial than the impact of
    individualized issues in resolving the claim or claims of each class member.”
    
    Vega, 564 F.3d at 1270
    (quotation omitted). Because plaintiffs will necessarily
    satisfy the commonality requirement if they can show predominance, we begin
    with the predominance test. See 
    id. at 1272.
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    In this case, the district court found the predominance requirement to be
    satisfied by an essential question common to each class member: whether the
    inaccurate Monroney sticker provided by General Motors constituted a
    misrepresentation prohibited by FDUTPA. General Motors claims that the liability
    determination will be highly individualized because the buying and leasing
    experiences of each proposed class member were not uniform. General Motors
    points out that some class members may have known that the safety ratings were
    inaccurate; some may not have been aware of the Monroney sticker; and each
    member negotiated the purchase or lease price individually with the dealer from
    whom the member purchased or leased the vehicle.
    But these objections do not defeat the district court’s determination that
    common questions predominate. Because a plaintiff asserting a FDUTPA claim
    “need not show actual reliance on the representation or omission at issue,” 
    Davis, 776 So. 2d at 973
    , the mental state of each class member is irrelevant. In Davis,
    the First District Court of Appeal of Florida recognized that the absence of a
    reliance requirement means “the impediment to class litigation that exists for
    multiple intrinsic fraud claims does not exist” in FDUTPA cases. 
    Id. Thus, General
    Motors is incorrect to suggest that the plaintiffs must prove that every
    class member saw the sticker and was subjectively deceived by it. As the district
    court correctly observed, these arguments simply seek a reliance inquiry by
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    another name. Instead, under FDUTPA, the plaintiff must only establish three
    objective elements: (1) a deceptive act or unfair practice; (2) causation; and (3)
    actual damages. City First Mortg. Corp., 
    988 So. 2d
    at 86.            Here, the first
    FDUTPA element is amenable to class-wide resolution: the factfinder must only
    determine whether a Monroney sticker that inaccurately states a vehicle had
    received perfect safety ratings in three categories would deceive an objectively
    reasonable observer when in fact no safety ratings had been issued.
    We addressed a similar issue in Fitzpatrick v. Gen. Mills, Inc., 
    635 F.3d 1279
    (11th Cir. 2011), where we reviewed a FDUTPA class certification arising
    out of misrepresentations made by a producer about the nutritional benefits of
    YoPlus yogurt. The district court certified a class defined as “all persons who
    purchased YoPlus in the State of Florida to obtain its claimed digestive health
    benefit.” 
    Id. at 1282.
    We vacated the order because “[t]he class definition limits
    the class to those who purchased YoPlus ‘to obtain its claimed digestive health
    benefit,’ which takes into account individual reliance on the digestive health
    claims.” 
    Id. at 1283.
    This was error, we explained, because FDUTPA recovery
    depends on whether plaintiffs paid a price premium, not on whether plaintiffs
    actually relied on the illegal misrepresentation. 
    Id. at 1282-83.
    Because every
    class member here purchased or leased the same model vehicle with the same
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    Monroney sticker attached, it does not matter that there may have been differences
    among the class members’ subjective reliance.
    Moreover, because the injury is not determined by the plaintiffs’ subjective
    reliance on the alleged inaccuracy, causation and damages may also be amenable
    to class-wide resolution.     FDUTPA damages are measured according to “the
    difference in the market value of the product or service in the condition in which it
    was delivered and its market value in the condition in which it should have been
    delivered according to the contract of the parties.” Rollins, Inc. v. Heller, 
    454 So. 2d
    580, 585 (Fla. Dist. Ct. App. 1984) (quotation omitted); see also Coghlan v.
    Wellcraft Marine Corp., 
    240 F.3d 449
    , 453 (5th Cir. 2001) (The FDUTPA
    damages formula calculates “the value of the product as promised minus the value
    of the product delivered.”).    Thus, the proper question is not how much the
    erroneous sticker may have reduced the vehicle’s perceived value for any
    individual purchaser or lessee.    Rather, damages should reflect the difference
    between the market value of a 2014 Cadillac CTS with perfect safety ratings for
    three standardized categories and the market value of a 2014 Cadillac CTS with no
    safety ratings. Unlike the calculation of an individual consumer’s direct pecuniary
    loss, which would limit the plaintiff to the difference of what she paid and the
    actual value received, the FDUTPA “benefit of the bargain” model provides a
    standardized class-wide damages figure because the plaintiff’s out-of-pocket
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    payment is immaterial. See 
    Coghlan, 240 F.3d at 453
    (recognizing that FDUTPA
    cases apply a “benefit of the bargain” damages formula); 
    13 A.L.R. 3d 875
    , §§ 3(a)
    and 4(a) (contrasting the “benefit of the bargain” damages model with an “out of
    pocket” measure).
    In Collins v. DaimlerChrysler Corp., 
    894 So. 2d 988
    , 991 (Fla. Dist. Ct.
    App. 2004), a Florida appellate court held that a plaintiff adequately alleged actual
    damages under FDUTPA when she purchased a vehicle with defective seatbelts.
    Chrysler argued that the plaintiff did not suffer any out-of-pocket damages because
    the seatbelt never malfunctioned during an accident.       
    Id. at 989.
      The court,
    however, recognized that this was the wrong metric. 
    Id. at 990-91.
    Because
    FDUTPA allows for damages based on diminution of market value, the court
    permitted the plaintiff to proceed on the theory that she did not get what she
    bargained for. 
    Id. It concluded,
    “This case turns on a relatively simple question, at
    least as to damages -- Is a car with defective seatbelt buckles worth less than a car
    with operational seatbelt buckles? Common sense indicates that it is[.]” 
    Id. at 991.
    The similar question here is amenable to classwide resolution. The plaintiffs may
    show that a vehicle presented with three perfect safety ratings is more valuable
    than a vehicle presented with no safety ratings. General Motors received the same
    benefit of the bargain from the sale or lease to each class member -- even if
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    individual class members negotiated different prices -- because a vehicle’s market
    value can be measured objectively.
    As the district court recognized here, a manufacturer’s misrepresentation
    may allow it to command a price premium and to overcharge customers
    systematically. Even if an individual class member subjectively valued the vehicle
    equally with or without the accurate Monroney sticker, she could have suffered a
    loss in negotiating leverage if a vehicle with perfect safety ratings is worth more on
    the open market. As long as a reasonable customer will pay more for a vehicle
    with perfect safety ratings, the dealer can hold out for a higher price than he would
    otherwise accept for a vehicle with no safety ratings. Thus, for example, a dealer
    would likely not discount a pickup truck with superior towing capacity for a
    customer with only a suburban commute, since most customers willingly pay more
    for that feature. Nor would a dealer be likely to lower the price for a hearing
    impaired customer who demands to pay less for a vehicle equipped with satellite
    radio, even though she might value it equally to a vehicle equipped with no audio
    capabilities. Obviously, prices are determined in substantial measure according to
    market demand. Thus, because a vehicle with three perfect safety ratings may be
    able to attract greater market demand than a vehicle with no safety ratings, the
    misleading sticker arguably was the direct cause of actual damages for the certified
    class even if members individually value safety ratings differently.
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    General Motors offers two other arguments about damages that the district
    court rejected. First, General Motors proposes that damages should be calculated
    by comparing the value of the vehicle with the inaccurate sticker against the value
    of the vehicle after the NHTSA ratings were published. It says that because the
    safety ratings ultimately confirmed two of the three five-star ratings that were
    prematurely included in the stickers provided to the plaintiffs, the plaintiffs could
    not have suffered any injury. But even if we ignore that General Motors displayed
    a five-star rating for the risk of injury to passengers from frontal impact when in
    fact the NHTSA awarded only four stars for that category, General Motors offers
    the wrong metric. A defendant may not escape FDUTPA liability under Florida
    law merely because a deceptive or misleading statement later turns out to be true.
    The injury occurs at the point of sale because the false statement allows the seller
    to command a premium on the sales price. A vehicle that the manufacturer knows
    to be safe is more valuable than a vehicle that the manufacturer perhaps anticipates
    will later be declared safe. Because General Motors could only anticipate five-star
    safety ratings at the time of sale to class members, it caused actual damages within
    the meaning of FDUTPA by presenting those ratings as confirmed fact.
    Second, General Motors argues that the predominance inquiry is not
    satisfied because damages may vary for some class members. Even if the damages
    determination does ultimately necessitate individualized calculations, however,
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    reversal would be unwarranted at this stage for two reasons. First, the certification
    of a class is always provisional in nature until the final resolution of the case. See
    Fed. R. Civ. P. 23(c)(1)(C) (permitting amendment of a certification order at any
    time prior to judgment). As we have explained, the power of the district court to
    alter or amend class certification orders at any time prior to a decision on the
    merits “is critical, because the scope and contour of a class may change radically as
    discovery progresses and more information is gathered about the nature of the
    putative class members’ claims.” Prado-Steiman ex rel. Prado v. Bush, 
    221 F.3d 1266
    , 1273 (11th Cir. 2000). The district court acknowledged that institutional
    purchasers who leased 2014 Cadillac CTSs to end-consumers may have recaptured
    the same price premium enjoyed by General Motors. However, evidence offered
    by General Motors says that of the approximately 9,000 CTSs with erroneous
    stickers sold or leased in the United States, only “[h]undreds of those vehicles were
    fleet sales” to institutional purchasers. Thus, there is no reason to expect the
    predominating questions concerning liability will be overwhelmed by intensive,
    individualized damages determinations. The district court recognized that, to the
    extent this becomes an issue, it may be resolved through refinement of the Florida
    Class or the creation of subclasses.     The district court’s determination did not
    amount to an abuse of discretion.
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    Further and related, individualized damages calculations are insufficient to
    foreclose the possibility of class certification, especially when, as here, the central
    liability question is so clearly common to each class member. Rule 23 permits a
    class action when “the court finds that the questions of law or fact common to class
    members predominate over any questions affecting only individual members. Fed.
    R. Civ. P. 23(b)(3). Nothing in this Rule requires plaintiffs to prove predominance
    separately as to both liability and damages. General Motors argues nevertheless
    that, pursuant to Comcast Corp. v. Behrend, 
    133 S. Ct. 1426
    (2013), “damages
    [must be] capable of measurement on a classwide basis.” 
    Id. at 1433.
    But Comcast
    simply requires that “any model supporting a plaintiff’s damages case must be
    consistent with its liability case.”    
    Id. (quotation omitted).
        In Comcast, the
    Supreme Court reversed class certification when the plaintiffs sought damages for
    injuries distinct from the theory of antitrust liability that was accepted for class-
    action treatment.    
    Id. Thus, as
    our sister circuits have held since Comcast,
    “individual damages calculations do not preclude class certification.” Neale v.
    Volvo Cars of N. Am., LLC, 
    794 F.3d 353
    , 374-75 (3d Cir. 2015) (quotation
    omitted); see also Pulaski & Middleman, LLC v. Google, Inc., 
    802 F.3d 979
    , 987
    (9th Cir. 2015) (“Since Comcast . . . we reaffirmed that damage calculations alone
    cannot defeat class certification.”), petition for cert. filed, No. 15-1101 (Mar. 1,
    2016); Roach v. T.L. Cannon Corp., 
    778 F.3d 401
    , 408 (2d Cir. 2015) (“The
    18
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    Supreme Court did not foreclose the possibility of class certification under Rule
    23(b)(3) in cases involving individualized damages calculations.”); Butler v. Sears,
    Roebuck & Co., 
    727 F.3d 796
    , 801 (7th Cir. 2013) (“If the issues of liability are
    genuinely common issues, and the damages of individual class members can be
    readily determined in individual hearings, in settlement negotiations, or by creation
    of subclasses, the fact that damages are not identical across all class members
    should not preclude class certification.”). Unlike in Comcast, where the Court
    determined that “[q]uestions of individual damage calculations will inevitably
    overwhelm questions common to the 
    class,” 133 S. Ct. at 1433
    , there is no
    evidence to suggest that the class-wide adjudication of any FDUTPA liability will
    be subsumed in or overwhelmed by an individualized damages inquiry.
    Besides, the price premium that plaintiffs allege as damages is consistent
    with their theory of liability.   By inaccurately communicating that the 2014
    Cadillac CTS had attained three perfect safety ratings, General Motors plainly
    obtained enhanced negotiating leverage that allowed it to command a price
    premium. The size of that premium -- “the difference in the market value of the
    [vehicle] in the condition in which it was delivered and its market value in the
    condition in which it should have been delivered,” Rollins, 
    454 So. 2d
    at 585 --
    represents the damages attributable to that theory of liability. Because that theory
    is consistent for all class members, the predominance requirement under Rule
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    23(b)(3) is satisfied.      This consistency is also sufficient to establish the
    commonality requirement under Rule 23(a)(2). The district court’s determination
    on these points does not amount to an abuse of discretion.
    General Motors also suggests that a class action is not “superior to other
    available methods for fairly and efficiently adjudicating the controversy,” as
    required by Rule 23(b)(3). We disagree. Among the factors relevant to the
    superiority requirement are these:
    (A) the class members’ interests in individually controlling the
    prosecution or defense of separate actions;
    (B) the extent and nature of any litigation concerning the controversy
    already begun by or against class members;
    (C) the desirability or undesirability of concentrating the litigation of
    the claims in the particular forum; and
    (D) the likely difficulties in managing a class action.
    Fed. R. Civ. P. 23(b)(3).
    Here, General Motors has identified 1,058 potential class vehicles in Florida.
    As the district court noted, individual claims may be too small for a separate action
    by each class member. Because common questions of law and fact predominate,
    class-wide adjudication appropriately conserves judicial resources and advances
    society’s interests in judicial efficiency. See Gen. Tel. Co. of Sw. v. Falcon, 
    457 U.S. 147
    , 155 (1982). Again, we can discern no abuse of discretion.
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    Case: 15-14442        Date Filed: 05/17/2016       Page: 21 of 22
    Finally, General Motors argues that Carriuolo failed to prove that she can
    fairly and adequately protect the interests of the class as required by Rule
    23(a)(4). 3 “[A] party’s claim to representative status is defeated only if the conflict
    between the representative and the class is a fundamental one, going to the specific
    issues in controversy.” Pickett v. Iowa Beef Processors, 
    209 F.3d 1276
    , 1280
    (11th Cir. 2000). “Thus, a class cannot be certified when its members have
    opposing interests or when it consists of members who benefit from the same acts
    alleged to be harmful to other members of the class.” 
    Id. General Motors
    has identified three potential class conflicts:                    first, the
    damages calculation may differ for institutional purchasers who leased the vehicle
    to end-users; second, different class members may have had varying levels of
    sophistication and access to information at the time of lease or purchase; and
    finally, class interests may diverge between those who sold their vehicle before the
    sticker was corrected, those who sold their vehicle after NHTSA completed testing,
    and those who still own their vehicle. As we’ve already noted, the potential for
    individualized damages is not sufficient to defeat class certification under Florida
    law.    A class member’s subjective sophistication or knowledge is irrelevant
    because the liability inquiry states objective elements. And the fact of resale is
    3
    “One or more members of a class may sue or be sued as representative parties on behalf of all
    members only if . . . the representative parties will fairly and adequately protect the interests of
    the class.” Fed. R. Civ. P. 23(a)(4).
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    Case: 15-14442    Date Filed: 05/17/2016   Page: 22 of 22
    immaterial because the injury occurred when class members paid a price premium
    at the time of lease or purchase. None of these factors suffices as a fundamental
    conflict. Each class member is connected by the common predominate inquiry:
    Did General Motors violate FDUTPA by affixing inaccurate Monroney stickers to
    2014 Cadillac CTS sedans sold or leased in Florida? Moreover, we again observe
    that the district court’s determination is a provisional one, subject to change in the
    face of the development of new facts that may compel a different process.
    On this record, however, the decision to grant plaintiffs’ motion for class
    certification was not an abuse of discretion; accordingly, we affirm the judgment of
    the district court.
    AFFIRMED.
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