The Third Circuit has published extensively in recent years on the issue of ascertainability. In its fifth ruling in three years on this subject, the court reversed certification of a class of consumers who had leased or purchased laptop computers that contained unauthorized spyware.
The U.S. Supreme Court accepted jurisdiction over Spokeo, Inc. v. Robins to answer this question: May Congress confer Article III standing upon a plaintiff who suffers no concrete harm and who could, therefore, not otherwise invoke the jurisdiction of a federal court by authorizing a private right of action based on a bare violation of a federal ...