Eastman v. First Data Corporation, No. 13-8071; Third Circuit; per curiam opinion; filed December 4, 2013. Before Judges Smith, Hardiman and Van Antwerpen. On petition for permission to appeal pursuant to Fed. R. Civ. P. 23(f) from the District of New Jersey. [Sat below: Judge Walls.] DDS No. 07-8-xxxx [6 pp.]
Plaintiffs, now petitioners, are 24,000 New Jersey merchants who entered into contracts for credit or debit point-of-sales terminals with defendants First Data Corporation and First Data Merchant Services Corporation. Plaintiff Rachel Eastman and others filed a class-action complaint against defendants in the district court for the District of New Jersey alleging that, among other things, they charged small business owners unconscionable and exorbitant fees for the lease of the terminals and added extra costs not included in the contracts. Plaintiffs filed a motion to certify the class. On July 31, 2013, the district court entered an order denying the motion. On Aug. 19, 2013, petitioners filed in this court a petition for permission to appeal the order denying class certification pursuant to Fed. R. Civ. P. 23(f).
