Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Marcoux v. Szwed

United States District Court, D. Maine

October 3, 2016

ALFRED MARCOUX and CHARLENE JONES, Plaintiffs,
v.
SUSAN J. SZWED, P.A., Defendant.

          ORDER OF PRELIMINARY CLASS CERTIFICATION

          NANCY TORRESEN UNITED STATES CHIEF DISTRICT JUDGE.

         Order This action involves standardized initial debt collection letters sent to consumers by Susan J. Szwed, P.A. The Plaintiffs Alfred Marcoux and Charlene Jones allege those letters violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq., by failing to properly notify Maine consumers of how they could dispute the validity of the debts they were alleged to owe and how they could obtain from the Defendant verification of the legitimacy of those debts.

         I have been advised that the parties to this action have agreed to settle this case. The Plaintiffs' attorney has moved for preliminary Class Certification[1] and has filed a proposed Notice of Proposed Class Action Settlement along with the signed Settlement Agreement. The parties propose certification of the following class:

All persons (a) with an address in Maine, (b) to whom Susan J. Szwed, P.A. mailed an initial debt collection communication that stated: “If you notify this firm within thirty (30) days after your receipt of this letter, that the debt or any portion thereof, is disputed, we will obtain verification of the debt or a copy of the judgment, if any, and mail a copy of such verification or judgment to you, ” (c) between March 10, 2014 and March 10, 2015, (d) in connection with the collection of a consumer debt on behalf of Bank of America, N.A.

         The Defendant represents that there are 92 Class Members, including the named Plaintiffs. I preliminarily find that the case satisfies the applicable prerequisites for class action treatment under Rule 23.

         I. Class Certification

         A party seeking class certification must first demonstrate that all requirements of Federal Rule of Civil Procedure 23(a) are satisfied. Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541, 2548 (2011). These requirements are:

(1) the class is so numerous that joinder of all members is impracticable;
(2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.

Fed. R. Civ. P. 23(a). Next, the named plaintiff must show that the class is maintainable under one of the types of class actions described in Rule 23(b). Wal-Mart Stores, Inc., 131 S.Ct. at 2548. “To qualify for certification under Rule 23(b)(3), a class must meet two requirements beyond the Rule 23(a) prerequisites: Common questions must ‘predominate over any questions affecting only individual members'; and class resolution must be ‘superior to other available methods for the fair and efficient adjudication of the controversy.' ” Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 615 (1997) (quoting Fed.R.Civ.P. 23(b)(3)).

         A. Rule 23(a) Requirements

         The proposed class meets the Rule 23(a) requirements of numerosity, commonality, typicality, and adequacy.

         1. Numerosity

         Rule 23(a)(1) requires that the class be “so numerous that joinder of all members is impracticable.” “ ‘Impracticability' does not mean ‘impossibility, ' but only the difficulty or inconvenience of joining all members of the class.” Advertising Specialty Nat. Assoc. v. Federal Trade Commission, 238 F.2d 108, 119 (1st Cir. 1956). The parties represent that there are 92 Class Members, including the named Plaintiffs. Rule 23(a)(1) does not mandate any strict numerical cut-off for class certification, but courts in this circuit have ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.