Consumer Financial Services Newsletter - March 2017

A Flawed Class Definition – Court Grants Defendant's Motion to Strike Consumer's Proposed Class -

Cholly v. The Uptain Group., et al, 1:15-cv-05030 -

In Cholly v. The Uptain Group Inc., et al, the defendant debt collector moved to dismiss the plaintiff consumer's putative class action complaint and strike the consumer's proposed class. Although the U.S. District Court for the Northern District of Illinois (Eastern Division) declined to dismiss consumer's complaint pursuant to the Spokeo, Inc. v. Robbins decision, the court dismissed the consumer's class allegations, constituting a significant victory for the debt collector.

In her complaint, the consumer alleged that the debt collector called her using an automatic telephone dialing system ("ATDS"). During the phone call, the consumer told the debt collector to stop calling her and that she was filing for bankruptcy. The consumer further alleged that, thereafter, the debt collector continued to contact her using an ATDS, in violation of the Telephone Consumer Protection Act ("TCPA").

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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