I’m not a lawyer, but it seems to me that if you are going to propose a definition for a class in a lawsuit, the first rule is to make sure that the definition includes you. A plaintiff seems to have made that mistake, which is why a District Court …
Read More »Judge Denies Class Certification Motion in FDCPA Case
A District Court judge in Indiana has denied a plaintiff’s motion to certify a class in a Fair Debt Collection Practices Act lawsuit, ruling that the agreement between the plaintiff and his attorney renders the plaintiff an inadequate representative for the entire class while also criticizing the plaintiff’s attorney “regarding …
Read More »Judge Denies Certification in FDCPA Suit Over Credit Reporting Language in Letter
A District Court judge in New Jersey has denied a plaintiff’s motion to certify a class in a Fair Debt Collection Practices Act lawsuit, ruling that the different letter templates used by the defendant and the different language included in those templates requires individualized inquiries into whether the letters received …
Read More »Judge Denies Motion to Certify Class in FDCPA SOL Suit
A District Court judge in Delaware has denied a motion to certify a class in a lawsuit that alleged a collector violated the Fair Debt Collection Practices Act by falsely representing the legal status of a debt when it sent settlement offers on time-barred debts without disclosing that the statute …
Read More »