Washington, D.C. partners David Ross and Kevin P. Farrell and associate Daniel Coffman secured a rare acknowledgement from the District of Columbia Superior Court, which conceded it committed a clear error in previously certifying a class in a case related to vehicle repossession practices. The court had found that proposed class members suffered similar injuries based on an alleged practice of overcharging for repossession and vehicle storage and other actions taken after a customer’s default. Wilson Elser filed a motion contending that the court did not address issues presented in its Opposition to Class Certification. The court agreed, finding that a class cannot be certified for several reasons: (1) plaintiff lacks standing because her claims are based entirely on past conduct; (2) plaintiff cannot serve as class representative or a member of a class because her claims are time-barred; (3) arbitration and class waiver clauses in the plaintiff’s and proposed class member’s contracts preclude class certification; and (4) the court’s sua sponte reliance on a municipal regulation was misplaced.