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CEB Prac. Guide § 2A.53 -- Liability -- Class Actions

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In Timlick v. Nat'l Enter. Sys., No. A154235, 2019 Cal. App. Unpub. LEXIS 3198 (May 7, 2019), the California Court of Appeal found that a type-size error was able to be cured under the Rosenthal Act’s safe harbor. While, strictly speaking, the legislative history of the Consumer Collection Notice law has no bearing in discerning the legislative intent of section… Read More

In Boucher v. Fin. Sys. of Green Bay, No. 17-C-132, 2019 U.S. Dist. LEXIS 61026 (E.D. Wis. Apr. 9, 2019), Judge Griesbach denied class certification in FDCPA dunning letter case because of de minimum recovery that the putative class members would receive.  The settlement would have resulted in about $1 per class member. Still, the Seventh Circuit has never said… Read More

In Gomes v. Portfolio Recovery Assocs., LLC, No. 18-21872-CIV, 2019 U.S. Dist. LEXIS 32116 (S.D. Fla. Feb. 28, 2019), Judge Altonaga denied class certification in an FDCPA class action. Defendant asserts the damages component of the case will require examination of individualized issues. According to Defendant, Plaintiff and each class member will necessarily have the burden of proving Defendant's collection… Read More

In Solberg v. Victim Services, Inc, dba Corrective Solutions, 2018 WL 6567072 (N.D.Cal., 2018), Judge Chhabria certified an FDCPA class, but declined to award injunctive relief under the UCL because the putative class was unlikely to be the subject of further collection activity. The plaintiffs also seek restitutionary and injunctive relief under the UCL. As an initial matter, the plaintiffs… Read More

In Ocampo v. GC Services Ltd. Partnership, Case No. 16-CV-9388, 2018 WL 6198464 (N.D.Ill. Nov. 28, 2018), Judge Dow found a class representative to be improper.  But, in the class certification analysis, Judge Dow found that the type of debt involved did not involve individual inquiries sufficient to defeat class certification. With respect to the first argument, even though some… Read More

In Gibbons v. Weltman, Weinberg, & Reis, Co., LPA, 2018 WL 5720749 (E.D. Pa. 2018), Judge Slomsky certified an FDCPA class over objections that the class size compared to the FDCPA’s class action cap could reduce the class members’ individual recovery to such an extent that class certification was not the superior method of adjudicating the mass action. Based on… Read More

In Taylor v. Alltran Financial, LP, 2018 WL 4403335, at *3–4 (S.D.Ind., 2018), the District Court certified an FDCPA class over the Defendant's objection that some of the debts might be commercial debts. Here, Defendants’ argument that the proposed class could contain individuals who received commercial or business loans, and who would therefore be ineligible under the FDCPA, makes no… Read More

In Tourgeman v. Nelson & Kennard, here, the Court of Appeals for the Ninth Circuit held that the Plaintiff bore the burden of proving the defendant's net worth under the FDCPA's penalty provision. Here, Tourgeman had every opportunity to acquire evidence of Nelson & Kennard's net worth. A protective order was entered to give Tourgeman access to Defendant's financial information,… Read More

In Macy v. GC Services, Ltd., 2018 WL 3614580, at *9–10 (C.A.6 (Ky.), 2018), the Court of Appeals for the Sixth Circuit found that FDPCA Plaintiffs, and their class, had Spokeo standing. Thus, Lyshe is distinguishable. Here, the harm Plaintiffs allege—being misled by a debt collector about the rights the FDCPA gives to debtors—is precisely the type of harm—abusive debt-collection… Read More

In Johnson v. Enhanced Recovery Company, LLC., 2018 WL 2057798, at *2–3 (N.D.Ind., 2018), Judge Simon certified an FDCPA class action over the defendant's objection. ERC also argues that the FDCPA claim here depends on a material misrepresentation, and that “[w]hether any statements resulted in a material misstatement that actually affected the recipient’s decision-making is an issue that cannot be… Read More

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