Southwestern Bell Telephone Company, Petitioner v. Marketing on Hold Inc., D/b/a Southwest Tariff Analyst, Respondent

Summary

The Texas Supreme Court reversed the appellate court’s certification of a statewide class action alleging that Southwestern Bell improperly charged municipal fees, holding that the assignee class representative had standing, typicality, and predominance but failed to demonstrate adequacy of representation, and therefore decertified the class and remanded. The Court applied an abuse‑of‑discretion standard. Justice O’Neill dissented, contending that the assignee’s expertise and lack of conflict made it an adequate representative.