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

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In Rose v. Asset Acceptance, 2012 WL 603263 (2012), the California First District Court of Appeal affirmed in an unpublished decision a denial of class certification of a claim filed under the Rosenthal Act.  The facts arose from a debt collector’s suit against a debtor arising from her telephone bill purportedly beyond the statute of limitations.  The trial court rejected… Read More

In Makreas v. Moore Law Group, A.P.C., 2012 WL 359710 (N.D.Cal. 2012), Judge Chesney found that the Plaintiff stated certain claims against a debt collection attorney, but not against the creditor whose debt the attorney was collecting.  In the context of evaluating a previous Rule 68 offer, the District Court confirmed that the Rosenthal Act and FDCPA penalties are “per… Read More

In Aho v. Americredit Financial Services, Inc., --- F.R.D. ----, 2011 WL 5401799 (S.D.Cal. 2011), Judge Sabraw certified an NOI class under the UCL and ASFA for allegedly faulty post-repossession letters ("NOIs") pursuant to FRCP 23(b)(2), but refused to do so under the Rosenthal Act.  Judge Sabraw found the ‘damages’ sought under the Rosenthal Act were not incidental to the… Read More

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

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

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

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

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

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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