In Franco v. Allied Interstate LLC, No. 13 Civ. 4503, 2014 U.S. Dist. LEXIS 47077 (S.D.N.Y. Apr. 2, 2014), the named plaintiff sued the defendant for sending him a debt collection letter that implied he could face garnishment of his wages if he did not pay his debt. He did not allege any actual
The Resurgence of Rule 68 – Delgado v. Collecto, Inc.
By The Editors on
Posted in Motions Practice
Ellen Delgado sued collection agency Collecto, Inc., accusing it of violating the Fair Debt Collection Practices Act by sending her an improper debt collection letter. After she filed suit (but before she moved for class certification), Collecto made an offer of judgment for Ms. Delgado’s full damages, as well as attorneys’ fees and costs. It…
Never Assume Numerosity – Marshall v. Bonded Adjustment Co.
By The Editors on
Posted in Certification
Andrew Marshall was an employee of the City of Spokane, Washington. After a minor work-related injury to his eye, he wound up in a billing dispute with the company that ran the emergency room he visited. So he did what many of us have felt the urge to do after diving into a morass…
Never Assume Numerosity
By The Editors on
Posted in Certification
On October 3, 2007, Joyce Huntley—who, like many Americans at one time or another—owed some creditors some money–picked up her phone to learn that if she did not immediately wire money for the debt via Western Union to The Law Office of Richard Clark, her wages would be garnished. The call was placed by Shirley…
Challenging Survey Evidence – DeKoven v Plaza Assocs.
By The Editors on
Posted in Motions Practice
Certain kinds of class actions – those predicated on technical violations of a federal statute like the Fair Debt Collection Practices Act (“FDCPA”) – provide a steady revenue stream for some plaintiffs’ lawyers, while plaguing some defendants. It can be difficult to oppose certification of these suits, because technical statutory violations may not be associated…