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

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In Lawrence v. First Fin. Inv. Fund V, No. 2:19-cv-00174-RJS-CMR, 2020 U.S. Dist. LEXIS 149122 (D. Utah Aug. 17, 2020), Judge Shelby certified an FDCPA class after the class representative abandoned any claim for emotional distress because such damage claim could not be pursued on a representative basis. Next, First Financial argues Lawrence's claims are atypical of the proposed classes… Read More

In Matthias v. Tate & Kirlin Assocs., No. 19-cv-182-slc, 2020 U.S. Dist. LEXIS 63894, at *8-9 (W.D. Wis. Apr. 13, 2020), Judge Crocker was unpersuaded that individual questions of commercial versus consumer debt could defeat class certification in an FDCPA dunning letter class action. Similarly, there is no authority supporting defendants' contention that Matthias must show that each putative class… Read More

In Flecha v. Medicredit, Inc., No. 18-50551, 2020 U.S. App. LEXIS 481 (5th Cir. Jan. 8, 2020, the Court of Appeals for the Fifth Circuit reversed class certification in an FDCPA case. This class fails for similar reasons. Every member of the putative class received the same allegedly threatening letter from Medicredit. But the FDCPA penalizes empty threats, not all… Read More

In Bitzko v. Weltman, No. 1:17-CV-00458 (BKS/DJS), 2019 U.S. Dist. LEXIS 161495 (N.D.N.Y. Sep. 23, 2019), the District Court held that having to inquire about the consumer nature of a debt from putative class members in an FDCPA class action did not defeat class certification. Defendant asserts that using its records to identify potential class members, and then asking those… Read More

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

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