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

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9th Circuit Affirms Class Action Award Against Debt Buyer for Deceptive Letter ‘Threatening’ Credit Reporting; Affirms Plaintiffs May Recover Under Both Rosenthal Act and FDCPA

by Scott J. Hyman |

In Gonzales v. Arrow Financial Services, LLC, --- F.3d ----, 2011 WL 4430844 (9th Cir. 2011), the Court of Appeals for the Ninth Circuit found that a debt collector’s dunning letters violated the FDCPA, and that recovery could be awarded under both the Rosenthal Act and the FDCPA.    In 2002, Arrow purchased a portfolio of debts owed to health… Read More

District Court (Wash.) Holds FDCPA Defendant’s Net Worth Not Relevant unless and until Class Action is Certified

by Scott J. Hyman |

In Marshall v. Bonded Adjustment Co., 2011 WL 3882284 (E.D.Wash. 2011), Judge Peterson granted a protective order against discovery targeted towards an FDCPA defendant’s net worth in an FDCPA class action – until a class was actually certified.   Bonded argues that the court should issue a protective order preventing discovery of Bonded's net worth information unless and until a… Read More

District Court (Cal.) Rejects Rooker-Feldman Defense, Finds Rule 68 Offer Did Not Moot Class Action

by Scott J. Hyman |

In Martinez v. CACH, LLC, 2011 WL 2560251 (S.D.Cal. 2011), Judge Sabraw rejected a debt collector’s Rooker-Feldman argument.  Further, Judge Sabraw rejected the argument that a Rule 68 offer mooted the class-action proceedings because the net worth requirement of a class-action under the FDCPA was not met due to alter ego allegations.    Plaintiff is alleged to have incurred debt… Read More

District Court (N.J.) Holds that Debt Collector’s Training Scripts Were Not Enough to Create Uniformity Required for Class Certification

by Scott J. Hyman |

In Freid v. National Action Financial Services, Inc., Slip Copy, 2011 WL 1547257 (D.N.J. 2011), Judge Chesler denied class certification in an FDCPA claim alleging that debtors were conveyed a false sense of urgency in communications from the debt collectors.  Judge Chesler found that secondary evidence of ‘scripts’ from the debt collector did not create uniformity, and questioned whether the… Read More

District Court (N.J.) Rejects FDCPA Class Settlement Conferring No Benefit on the Class

by Scott J. Hyman |

In Zimmerman v. Zwicker & Associates, -- F.Supp.3d – (D.N.J. 2011), here, Judge Schneider rejected a propose class settlement arising from collection letters that purportedly violated the FDCPA on the basis that the settlement conferred a “phantom benefit” on the class.    The parties propose that in exchange for no payment, 800,000 consumers release all claims they could have asserted… Read More

District Court (Pa) Says Credibility-challenged FDCPA Plaintiff Is Inadequate Class Representative, Even Where FDCPA Liability Turns on Objective Test

by Scott J. Hyman |

In Dotson v. Portfolio Recovery Associates, LLC, 2009 WL 1559813 (E.D.Pa. 2009), Judge Shapiro denied class certification in an FDCPA matter arising out of a form dunning letter which purported to violate the FDCPA.  Judge Shapiro acknowledged that dunning letters under the FDCPA are analyzed under an objective standard from the perspective of the least sophisticated debtor, but nevertheless held… Read More

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