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

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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

Readers know that we've complained about this before -- that Courts apply different standards in individual and class actions when it comes to determining whether a debt was incurred primarily for consumer or business purposes.  (Hyman & Walser-Jolly, The Effect of the FDCPA’s “Consumer Limitation on Class Certification: Do Courts Apply Different Standards in Individual and Class Actions? 70 Conf.… Read More

In O'Dell v. National Recovery Agency, 2018 WL 1172435, at *11–13 (E.D.Pa., 2018), Judge Smith granted class cert in an FDCPA case over procedural objections to the class definition. . . .NRA contended that its net worth is $84,000. A net worth this low could foreseeably result in a de minimis recovery for each individual class member (one percent of $84,000… Read More

In Lindblom v. Santander Consumer USA, Inc., 2018 WL 573356, at *5 (E.D.Cal., 2018), Judge McAuliffe found that the class representative was not typical because her claim fell outside the statute of limitations and was not subject to equitable tolling. As proposed by Plaintiff, the class definition includes individuals who paid Speedpay fees during the applicable limitations period, which is on… Read More

In Spice v. Blatt, Hasenmiller, Liebsker & Moore LLC, 2018 WL 525723, at *8–9 (N.D.Ind., 2018), Judge Springmann certified an FDCPA class over defendant's objection that the $500,000 statutory cap would only result in de minimus recovery and, therefore, the class action device was not the superior method to adjudicate the dispute. The Defendant counters that a class action is… Read More

In Pavlovich v. Account Discovery Systems, LLC, 2018 WL 395487, at *1 (S.D.Cal., 2018), Magistrate Crawford denied merits discovery because she already had ruled that class-discovery should proceed first. This Court issued a prior Order granting plaintiff’s Motion to Compel on November 28, 2017. [Doc. No. 63]. Therein, the Court approved discovery regarding DNF’s financial net worth because it is… Read More

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