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

Summary

The Texas Supreme Court held that the voluntary‑payment rule applies to BMG Direct Marketing members' restitution claims for late fees, finding that the members had full knowledge of the fee amount and circumstances. Because the trial court failed to analyze the rule's effect on class certification, the Court decertified the class and remanded for further proceedings. Justice Hecht and Justice Wainwright each filed concurring opinions, with Justice Wainwright dissenting from the majority's application of the rule.