A group of consumers claims that a software company sold a defective program that caused widespread data loss. One consumer files a lawsuit seeking to represent all similarly affected individuals as a class action. Under Rule 23 of the FRCP, which of the following is required for the court to certify this class action?
Each class member must have suffered identical damages.
The class representatives must be from different states.
The class must consist of at least 50 members.
There must be questions of law or fact common to the class.
Option B is correct because Rule 23(a)(2) of the FRCP requires that there be questions of law or fact common to the class for certification. Option A is incorrect because Rule 23 does not specify a minimum number of class members. Option C is incorrect as Rule 23(a)(3) requires that there are questions of law or fact common to the class, not that each member has identical damages. Option D is incorrect because there is no requirement for class representatives to be from different states.
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Why is numerosity not a strict requirement under Rule 23?