Court's reference to implicit ascertainability requirement in denial of class certification does not suffice to establish that the court imposed a heightened standard of administrative feasibility.
DC Circuit's invalidation of FCC rule in an action commenced to challenge another rule is binding inter-circuit precedent.
Prior consent to fax communications is a compulsory affirmative defense that can defeat predominance in class certification; a class composed of non-consenting recipients satisfies predominance requirements, and a class with varying levels of personal consent does not; remand to determine the character of predominance in a class composed of boilerplate consent claims.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/17/16-17123.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.