upon the particular circumstances of the individuals involved. It follows that the claims may not be aggregated and the complaint must be dismissed.
One more thing must be said. The information allegedly disclosed by Block concerned its customers' names and addresses, segregated into groups by the amount of gross income. This data was then apparently used for sale to businesses engaged in direct mail solicitations. Obviously, to each individual the damage was minimal and was known to be minimal when suit was started. Similar actions were instituted in California, Massachusetts, and North Carolina as well as before the Federal Trade Commission.
Since the 1966 amendments, F.R. 23 and 23(b)(3) in particular have been used more and more frequently as a device to solicit litigation and as a means for an attorney to achieve his "pot of gold." The number of class action complaints filed has soared, and the original object of the rule -- judicial economy -- seems to have been forgotten. As stated by Chief Judge Lumbard in his dissent to Eisen v. Carlisle & Jacquelin, 391 F.2d 555, 571 (2nd Cir. 1968) "the only persons to gain from a class suit are not potential plaintiffs, but the attorneys who represent them." See also Cotchett v. Avis Rent A Car System, Inc., 56 F.R.D. 549, 554 (S.D.N.Y.1972). It is the responsibility of the trial judge to closely scrutinize the complaint so as to insure that the use of class actions in the Federal Courts will not be abused. In this way the goal of fostering economy by consolidating numerous actions that would have been brought individually will be achieved.
The plaintiff has not established that the claims of members of the class are common, joint or undivided, and therefore, aggregation of the claims of members of the class will not be permitted. As plaintiff's individual claim does not meet the $10,000. jurisdictional minimum, defendant's motion to dismiss must be granted.