"Carriuolo v. GM and the Future of the Overcharge Theory," Law360
June 02, 2016
By Douglas J. McNamara
In Carriuolo v. General Motors Corp., the Eleventh Circuit affirmed class certification for consumers alleging that inaccurate safety ratings on Cadillacs permitted General Motors to obtain “a price premium” or “overcharge,” thereby establishing the causation element of Florida’s consumer fraud statute. Under an overcharge theory, the consumers claim that because the fraud permitted the seller to artificially inflate a purchase price, the fraud caused harm to all buyers, regardless of whether any individual class member actually saw and relied on the misrepresentation.