Connor v. Automated Accounts, Inc.

202 F.R.D. 265, 2001 WL 902574
CourtDistrict Court, E.D. Washington
DecidedAugust 10, 2001
DocketNo. CS-99-0270-EFS
StatusPublished
Cited by3 cases

This text of 202 F.R.D. 265 (Connor v. Automated Accounts, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Connor v. Automated Accounts, Inc., 202 F.R.D. 265, 2001 WL 902574 (E.D. Wash. 2001).

Opinion

AMENDED ORDER GRANTING PLAINTIFF’S MOTION FOR CLASS CERTIFICATION

SHEA, District Judge.

On April 5, 2001, the Court heard oral argument on Plaintiffs Motion for Class Certification, (Ct. Rec. 23). Plaintiff Connor was represented by Michael D. Kinkley. Defendant Automated Accounts, Inc., (“Automated Accounts”) was represented by Hugh T. Lackie and Margaret L. Arpin. Pursuant to the Court’s April 30, 2001, Order Directing Briefing on Certification of Actual Damages Question, (Ct. Rec. 67), Plaintiff and Defendant each filed supplemental memoranda on the issue of damages, (Ct. Rees. 68, 69). The Court has considered the arguments of counsel, the briefs and the record and now enters this Order memorializing and supplementing the oral rulings it issued on April 5, 2001.

I. BACKGROUND

This suit arises from Automated Accounts’ efforts to collect a debt owed by Ms. Connor. Ms. Connor wrote two checks to Money Tree, Inc. that apparently were returned as uncollected. The checks were written in the amount of $115.00 and $57.50. Automated Accounts took over the collection of the money and, by two collection letters dated October 7, 1998, sought payment of the check amounts plus a total of $61.76 in interest and handling fees. Each letter required payment of the amounts within fifteen days of the letter postmark date to avoid additional mon[268]*268etary penalties. The letters did not contain the thirty day validation notice allegedly required by the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692g(a).

On October 5, 1999, Ms. Connor filed the instant class action suit, asserting that Automated Accounts, in failing to include the thirty day validation notice and in requiring payment within fifteen days of the letter postmark date, violated the FDCPA.1 (Ct. Rec. 1.) Ms. Connor seeks actual and statutory damages, costs and reasonable attorney’s fees, a declaratory judgment that Automated Accounts violated the FDCPA, and disgorgement of money Automated Accounts collected as a result of sending letters like the ones sent to Ms. Connor.

The class on whose behalf Ms. Connor brings this suit consists of (i) all persons in Washington (ii) to whom a letter in the form of [either of the letters sent to Ms. Connor] was sent (iii) in an attempt to collect a debt incurred for personal, family, or household purposes, (iv) which was not returned as undelivered by the U.S. Post Office. (Ct. Rec. 1117.1) The class period for the FDCPA claim is the year prior to October 5,1999, the date the action was filed. (Ct. Rec. 1 H 7.1). Ms. Connor now seeks to certify the class.

II. CLASS CERTIFICATION

A party moving for class certification must prove that the class satisfies the class action prerequisites and at least one class action ground. See Fed.R.Civ.P. 23(a), (b) (“Rule 23(a) and (b)”); Hanon v. Dataproducts Corp., 976 F.2d 497, 508 (9th Cir.1992). To determine whether the prerequisites of Rule 23(a) are satisfied, a court must engage in a rigorous analysis, see General Tel. Co. v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982), though an extensive evi-dentiary showing is not required, see Blackie v. Barrack, 524 F.2d 891, 901 (9th Cir.1975). Sufficient information must exist for the court “to form a reasonable judgment on each requirement.” Id. In making its determination, the court must accept as true the substantive allegations of the class claim, see id. at 901 n .17, and does not examine the merits of the case, see id., at 901.

A. Class Action Prerequisites

To be certified, a class action must satisfy the prerequisites of typicality, commonality, numerosity, and adequacy of representation. See Fed.R.Civ.P. 23(a).

1. Typicality

The claims of the representative party must be typical of the claims of the class. See Fed.R.Civ.P. 23(a)(3). “The test of typicality ‘is whether other members have the same or similar injury, whether the action is based on conduct which is not unique to the named plaintiffs, and whether other class members have been injured by the same course of conduct.’ ” Hanon, 976 F.2d at 508 (quoting Schwartz v. Harp, 108 F.R.D. 279, 282 (C.D.Cal.1985)). However, class certification “should not be granted if ‘there is a danger that absent class members will suffer if their representative is preoccupied with defenses unique to it.’ ” Hanon, 976 F.2d at 508 (quoting Gary Plastic Packaging Corp. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 903 F.2d 176, 180 (2d Cir.1990)).

By definition, the class action claim is based on conduct that is not unique to Ms. Connor: the class comprises individuals to whom Automated Accounts sent a letter that was in the form of either of the letters it sent to Ms. Connor. The class members have suffered a similar injury by this conduct in that if Automated Accounts violated the FDCPA in sending the letters, each was injured by the violation and is eligible at least for statutory damages. See 15 U.S.C. § 1692k. Accordingly, the Rule 23(a) typicality requirement is met.

Automated Accounts asserts that Ms. Connor’s claims are atypical for several reasons, with the most plausible discussed here. First, Automated Accounts notes that Ms. Connor may have tendered the cheeks to Money Tree Inc. at a point when she knew there were insufficient funds to cover them. [269]*269Such potential fraud or conversion allegedly provides Automated Accounts with a unique defense because “[n]o court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.” Messett v. Cowell, 194 Wash. 646, 651-56, 79 P.2d 337 (1938), superseded by statute on other grounds, as stated in City of Olympia v. Palzer, 107 Wash.2d 225, 728 P.2d 135 (1986). However, courts have held there is no “fraud exception” to the FDCPA, it being irrelevant whether class members might have intended that their checks would be dishonored. See Keele v. Wexler, 149 F.3d 589, 595-96 (7th Cir.1998). Accordingly, Automated Accounts can assert no fraud defense, unique or otherwise, to Ms. Connor’s claim.

Second, Automated Accounts alleges that because Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jones v. Advanced Bureau of Collections LLP
317 F.R.D. 284 (M.D. Georgia, 2016)
Tripp v. Berman & Rabin, P.A.
310 F.R.D. 499 (D. Kansas, 2015)
Hansen v. Ticket Track, Inc.
213 F.R.D. 412 (W.D. Washington, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
202 F.R.D. 265, 2001 WL 902574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connor-v-automated-accounts-inc-waed-2001.