Bmg Direct Marketing, Inc., Petitioner v. Patrick Peake

Summary

The Texas Supreme Court held that the voluntary‑payment rule applies to BMG Direct Marketing’s late‑fee charges, satisfying the full‑knowledge requirement, and therefore the class certification was improper; the Court decertified the class and remanded for further proceedings. Justice Hecht and Justice Wainwright each filed concurring opinions dissenting from the majority’s view on the rule’s fairness.