During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

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

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

In Smith v. SIMM Associates, Inc., 2018 WL 389089, at *4 (E.D.Wis., 2018), Judge Griesbach granted class certification in an FDCPA case. Defendant maintains that a class action is not the superior method of litigating the issues presented here because Plaintiff arbitrarily limited her purported class. Specifically, Defendant argues that, rather than propose a class that includes all potential consumers… Read More

In Pavlovich v. Account Discovery Services, 2017 WL 5903354, at *3 (S.D.Cal., 2017), Magistrate Crawford found that an FDCPA Class Action Plaintiff was entitled to net worth discovery despite the fact that class certification had not yet been decided. The Court finds that plaintiff is entitled to financial information regarding defendant, DNF's, financial net worth in 2015, 2016, and at present.… Read More

In Spuhler v. State Collection Services, Inc., 2017 WL 4862069, at *7–8 (E.D.Wis., 2017), Judge Joseph certified an FDCPA class, rejecting the argument that the class, as defined, was too narrow and would result in multiple classes (in defiance of the $500k/1% net worth limitation) where the debt collector used the same offending letter for various clients. State Collection's first… Read More

The Conference on Consumer Finance Law just published two articles on the FDCPA by Severson & Werson. Hyman & Kenney, Judicial Isolation of the Third Circuit’s “Glassine Window” FDCPA Decision in Douglass v. Convergent Outsourcing, 69 Conf. Cons. Fin. L. Q. 142 (Fall 2016):  here  Hyman & Kenney, The Effect of the FDCPA’s Class-Action Penalty Cap on Class Certification, 69… Read More

In Annunziato v. Collecto, Inc., 2016 WL 5407871, at *15–16 (E.D.N.Y. 2016), Judge Spatt held that a debt collector's goodwill is included in calculating the defendant's net worth under the FDCPA's class action penalty calculus.  This is contrary to the 7th Circuit's decision in Sanders v. Jackson, 209 F.3d 998, 1001 (7th Cir. 2000), which held that goodwill was not to… Read More

In Tourgeman v. Collins Financial Services, Inc., 2016 WL 3854540, at *2-4 (S.D.Cal. 2016), Judge Bencivengo dismissed FDCPA class allegations because the Plaintiff had no evidence of the defendant's net worth. In support of his position, Plaintiff cites to the fact that the FDCPA statutory award is a punitive in nature, i.e., the jury considers defendant's conduct and provides for… Read More

In Sykes v. Mel Harris & Assoc., Inc., 2016 WL 3030156 (S.D.N.Y., 2016), Judge Chin affirmed a $60M class action settlement. In this class action, Plaintiffs allege that Defendants -- a debt-buying company, a law firm, a process service company, and affiliated entities and individuals -- engaged in abusive debt collection practices to obtain default judgments against hundreds of thousands of… Read More

In Harper v. The Law Office of Harris & Zide, LLP, 2016 WL 2344194, at *5 (N.D.Cal., 2016), Judge Gilliam certified an FDCPA class, despite the impact of the statutory cap on class certification.  Plaintiffs alleged that Defendant, acting to collect debts from the putative class on behalf of BOA, failed to provide the exact disclosure required by 15 U.S.C. §… Read More

1 2 3 4 5 7