In Mitchell-Tracey v. United Gen. Title Ins. Co., 237 F.R.D. 551, 556 (D. Md. 2006), the plaintiffs sued the defendant insurance companies for engaging in illegal practices intended to "cheat consumers" with respect to title insurance acquired during the process of obtaining a mortgage or refinancing their homes. Id. at 553. The plaintiffs filed a Fed. Rule 23 motion for class certification. Id. at 553. In considering the numerosity requirement, the court noted that "courts have found classes of as few as forty members sufficiently large to make joinder impracticable." Id. at 556. The U.S. District Court found that the first requirement was met, explaining: Although plaintiffs have not provided the precise number of members in the potential classes, plaintiffs assert that based on the level of activity that occurred in the mortgage industry between 2002 and 2005, the number of Maryland borrowers potentially eligible for the reissue rate is considerable; accordingly, plaintiffs estimate the number most certainly would exceed the 40 members generally accepted to be sufficiently large to make joinder impracticable. Id.