News & Analysis as of

Debt Collectors Class Certification

Ballard Spahr LLP

Eleventh Circuit rules consumers can recover statutory damages for willful FCRA violations without proving actual damages

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Joining every other circuit to address the same issue, the U.S. Court of Appeals for the Eleventh Circuit recently ruled that a consumer does not have to prove actual damages to recover statutory damages for willful...more

McGlinchey Stafford

When is a Class Action Superior? - McGlinchey Commercial Law Bulletin - March 31, 2023

McGlinchey Stafford on

Substantial Compliance with Contract- American Bus. Investments, LLC v. Shaeena & Allos, LLC, 6th Dist. Lucas, 2023-Ohio-739. In this appeal, the Sixth Appellate District affirmed the trial court’s decision to grant...more

Goodwin

District Court Declines to Extend Debt Collector’s Reading of TransUnion v. Ramirez Standing Requirements

Goodwin on

On April 27, 2022, the U.S. District Court for the Western District of Pennsylvania certified a class comprised of individuals alleging the Defendants violated the Fair Debt Collection Practices Act (FDCPA).  Plaintiffs...more

Foley & Lardner LLP

Divided Eleventh Circuit Panel Bars Incentive Awards for Class Representatives in Class Action Settlements

Foley & Lardner LLP on

While not authorized by Rule 23, incentive awards to class representatives are a common feature of class action settlements. Nevertheless, a divided Eleventh Circuit panel ruled last Thursday that such payments are strictly...more

Hinshaw & Culbertson LLP

Consumer Law Hinsights - November 2019

Hinshaw & Culbertson LLP on

Eleventh Circuit Rejects Denial of Class Certification on Post-discharge Motion Statements - Plaintiffs obtained and defaulted on a mortgage, and a foreclosure action was filed. Plaintiffs then filed for bankruptcy and...more

Manatt, Phelps & Phillips, LLP

Borrower Wins Key Victory in Madden v. Midland

A federal judge has ruled that New York law—not Delaware law as the parties agreed in the initial loan agreement—applies to the defaulted borrower's claims and has certified a class action against the debt collector....more

Goodwin

Northern District of Illinois Strikes TCPA Class Allegations

Goodwin on

Earlier this month, the Northern District of Illinois struck the class allegations in Cholly v. Uptain Group, Inc., a single-count TCPA case filed against a medical services provider and a debt collector based on allegedly...more

BakerHostetler

Court Denies Conditional Certification of Class of Debt Collectors

BakerHostetler on

If someone with too much time on their hands tried to catalogue all of the decisions regarding conditional certification of proposed FLSA class actions, they would likely find that while plaintiffs prevail at this stage more...more

Sheppard Mullin Richter & Hampton LLP

Making Meyer Lemonade Out Of Meyer Lemons: Ninth Circuit Affirms Provisional Class Certification and Injunction in TCPA Case

In Meyer v. Portfolio Recovery Associates (Oct. 12, 2012), the Ninth Circuit affirmed the Southern District of California’s decision to provisionally certify a class and grant a preliminary injunction against Portfolio...more

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