The United States District Court for the Eastern District of California recently denied class certification in a case alleging wrongdoing by a loan servicer in connection with the Home Affordable Modification Program (“HAMP”). Plaintiff brought the putative class action after defendant foreclosed on his home, seeking to represent a nationwide class of homeowners who had received permanent modification agreements (“PMAs”) for loan modifications that defendant failed to ... Keep Reading »
Consumer Finance & Banking Class Action Articles
The latest class action developments and trends in the consumer finance and banking industry, including news, key cases, and strategies.
California District Court Certifies “Not Inherently Unascertainable” Consumer Class
In addition to the explicit Rule 23(a) requirements of numerosity, commonality, typicality, and adequacy of representation, an implied prerequisite to certification is that the class must be sufficiently definite: that is, the party seeking certification must demonstrate that an identifiable and ascertainable class exists. A class is ascertainable if it is defined by objective criteria and is sufficiently definite so that it is administratively feasible to determine ... Keep Reading »
Third Circuit Affirms District Court’s Denial Of Certification Of Nationwide Class Of Plaintiffs Alleging Consumer Fraud And Unjust Enrichment
Plaintiffs alleged in their putative nationwide class action complaint that Quest Diagnostics was liable for consumer fraud, unjust enrichment, and violations of the Fair Debt Collections Practices Act for overbilling putative class members and, in some instances, sending them improper written demands from debt collectors. The district court denied certification, holding that the fraud claims implicated the various laws of numerous states, making a class action ... Keep Reading »
California District Court Denies Motion to Strike Rule 68 Offer of Judgment to Putative Class Representative, But Grants Motions to Strike Certain Affirmative Defenses For Failure to Comply with Twombly’s and Iqbal’s Heightened Pleading Standard
In a recent case in the United States District Court for the Northern District of California, a plaintiff brought a putative class action alleging that defendants, a creditor and a debt collection firm, sent debt collection notices that failed to disclose the current creditor’s name in violation of the Fair Debt Collection Practices Act (“FDCPA”) and the California equivalent. One defendant made an offer of judgment to the plaintiff pursuant to Federal Rule of Civil ... Keep Reading »
Court Denies Remand Holding CAFA’s Amount In Controversy Requirement Was Met
The United States District Court for the Northern District of Illinois denied plaintiff’s renewed motion to remand, holding that defendants had demonstrated that it was plausible that CAFA’s amount in controversy requirement had been exceeded and plaintiff had failed to make an irrevocable commitment to obtain less than $5,000,000 in damages. The district court initially granted plaintiff’s motion to remand but, as we previously reported, the Seventh Circuit ... Keep Reading »
Court Denies Certification Citing Putative Class Representative’s Criminal History
In Dunford v. American Databank, LLC, the plaintiff alleged that the defendant violated the Fair Credit Reporting Act by including within her criminal background report charges that were more than seven years old. The plaintiff sought to certify two nationwide classes. The court found that, among other impediments to certification, the proposed class representative was inadequate because of her prior criminal convictions and her arrest and felony charge during the ... Keep Reading »
Exaggeration of Counsel’s Class Action Experience Draws Rule 11 Sanction
New York District Court Judge Shira A. Scheindlin found class counsel’s allegation that they were experienced and competent was false because they could not provide any case in which they were certified as class counsel or recovered monetary relief for class member. As a result, the court found that class counsel violated Rule 11. The court declined to award attorney fees as a sanction, however, finding that the public reprimand was a sufficient deterrent. The Rule 11 ... Keep Reading »
Ninth Circuit Finds Self-Identification By Class Members Does Not Satisfy Ascertainability Under Rule 23
The Ninth Circuit Court of Appeals recently affirmed a district court’s denial of class certification where a plaintiff failed to propose a plan to ascertain class members and therefore did not satisfy the manageability requirement of Rule 23(b)(3). Plaintiffs alleged that the defendants, a parking company and the City of Laguna Beach, California, had violated the Fair and Accurate Credit Transactions Act (“FACTA”) by improperly printing the expiration dates of credit ... Keep Reading »
Ascertainability Issues Preclude Certification of a Class of Individuals Alleging Violations of the Fair Debt Collection Practices Act
The U.S. District Court for the Western District of Michigan denied plaintiffs’ motion for class certification citing plaintiffs’ failure to satisfy Rule 23’s ascertainability, commonality, typicality, and predominance requirements. The defendants, a debt collection agency and law firm, had filed state court complaints on behalf of medical providers in order to collect delinquent debts. The state court complaints included an exhibit listing providers who had allegedly ... Keep Reading »
11th Affirms Dismissal of FDCPA Class Action Based on Law Firm Collection Letter
The Eleventh Circuit has affirmed the dismissal of a putative class action brought under the FDCPA, 15 USC § 1692, against a law firm for sending a letter to a homeowner in default. Specifically, the letter did the following: stated that the law firm represented the interests of the lender, and that the homeowner could dispute the validity of the debt within 30 days of receipt of the letter; stated that failure to dispute within that period would result in the ... Keep Reading »
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