Gallego v. Northland Group, Inc.

102 F. Supp. 3d 506, 2015 U.S. Dist. LEXIS 59187, 2015 WL 1954052
CourtDistrict Court, S.D. New York
DecidedApril 27, 2015
DocketNo. 14 Civ. 7115(AKH)
StatusPublished
Cited by4 cases

This text of 102 F. Supp. 3d 506 (Gallego v. Northland Group, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gallego v. Northland Group, Inc., 102 F. Supp. 3d 506, 2015 U.S. Dist. LEXIS 59187, 2015 WL 1954052 (S.D.N.Y. 2015).

Opinion

OPINION AND ORDER DENYING CLASS CERTIFICATION AND QUESTIONING SUBJECT-MATTER JURISDICTION

ALVIN K. HELLERSTEIN, District Judge:

Plaintiff Jeffrey Gallego brought this action against Defendant Northland Group, Inc. (“NGI”), alleging violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. On March 4, 2015, before an Answer had been filed and in anticipation of settlement, the parties filed a joint motion to certify a class pursuant to Fed.R.Civ.P. 23. For the following reasons, the motion is denied and Plaintiff is ordered to show cause why the case should not be dismissed for lack of subject-matter jurisdiction.

BACKGROUND

Plaintiff is an individual who, by purchasing goods on credit, incurred financial obligations to Department Stores National Bank (“DSNB”).1 DSNB transferred the past-due obligations to NGI, a debt collector. On or around January 22, 2014, NGI sent Jeffrey Gallego a letter attempting to collect the obligation in question. The letter identified NGI as the sender, indicated that NGI is a collection agency licensed by the Minnesota Department of Commerce, and stated the name of the original creditor, the name of the store at which the debt was incurred, the original account number, and the current account balance. The letter then offered the recipient three possible methods by which to pay his bill, as well as a number to call with questions. However, the letter did not identify a name to call in response to the letter, which Plaintiff alleges renders it illegal.

The proposed class is estimated to include 100,000 individuals, living in New York City, who allegedly received a similar letter from NGI. Under the terms of the proposed class settlement, Defendant will deposit $17,500 to a class action pool, which represents 1% of Defendant’s net worth.2 Of this amount, Jeffrey Gallego [509]*509will receive $1,000 as the class representative. The remainder will be divided among all class members who do not opt-out of the settlement, and who timely file claims. Thus, under the settlement, if .all putative class members do not opt out and timely complete and return the claim form provided in the proposed Notice, the class members would receive 16.5 cents each. Meanwhile, the agreement provides for Plaintiffs counsel-,to recover fees up to $35,000 from Defendant.

CLASS CERTIFICATION

Under Rule 23, the prerequisites for maintaining a class action are numerosity, commonality, typicality, and adequacy of representation. Fed R. Civ. P. 23(a). Once these criteria are satisfied, .a plaintiff must meet at least one of the criteria of Rule 23(b). Rule 23(b)(3), the applicable subsection here, requires a showing “that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superi- or to other available methods for fair and efficient adjudication of the controversy.” Fed.R.Civ.P. 23(b)(3). Another criterion concerns “the likely difficulties in managing a class action.” Id. 23(b)(3)(D).

SUBSTANTIVE LAW

The FDCPA “establishes certain rights for consumers whose debts are placed in the hands of professional debt collectors for collection, and requires that such debt collectors advise the consumers whose debts they seek to collect of specified rights.”' DeSantis v. Computer Credit, Inc., 269 F.3d 159, 161 (2d Cir.2001). It is intended to “eliminate abusive debt collection' practices by debt collectors, to insure that those debt collectors who refrain from using-abusive debt collection practices .are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.” 15 U.S.C. § 1692(e). “The legislative history of . the passage of the FDCPA explains that [its need],arose because of collection abuses such as use of ‘obscene or profane language, threats of violence, telephone calls at unreasonable hours, misrepresentation of, a consumer’s legal rights, disclosing a consumer’s personal affairs to friends, neighbors, or an employer, obtaining information about a consumer through false pretense, impersonating public officials and attorneys, and simulating legal process.’ ” Kropelnicki v. Siegel, 290 F.3d 118, 127 (2d Cir.2002) (quoting S.Rep. No. 95-382, at- 2 (1977), 1977 U.S.C.C.A.N. 1695, 1696). -The foregoing is not an exhaustive list, however. In evaluating whether a practice violates the FDCPA, the court determines whether the hypothetical “least sophisticated consumer” objectively would be deceived by the collection practice. See Clomon v. Jackson, 988 F.2d 1314, 1318 (2d Cir.1993).

The FDCPA also expressly' contemplates parallel state debt collection laws that go’ beyond the FDCPA’s proscriptions, such as those enacted by New York City. See 15 U.S.C. § 1692n (“This sub-chapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter ...”); Eric M. Berman, P.C. v. City of New York, 895 F.Supp.2d 453, 466 (E.D.N.Y.2012) (“[T]he FDCPA should be construed [510]*510to permit New York City’s debt collection regulations.”). The New York City regulations provide that, “[i]n addition to any practices required under any federal, state or local law,” a debt collection agency must follow a number of specific rules when communicating with consumers in New York City. N.Y. City Admin. Code § 20-493.1. Most importantly for this case, the local regulations require all collectors to include in any communication “a call-back number to a phone that is answered by a natural person” and “the name of the' person to call back.” Id.

DISCUSSION

A. Deficiencies of a Class Action

A- class action is neither the superior nor fairer method for litigating, the issues in the Complaint. A plaintiff bringing an FDCPA case, individually can recover statutory damages of $1,000, while a class member can recover only his proportionate share of “the lesser of $500,000 or 1 per centum of the net worth of the debt collector.” 15 U.S.C. § 1692k(a)(2)(B). The parties agree that one percent of NGI’s net worth is approximately $17,500, which leaves each putative class member with approximately 17 cents if all of the estimated 100,000 members make claims.

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Cite This Page — Counsel Stack

Bluebook (online)
102 F. Supp. 3d 506, 2015 U.S. Dist. LEXIS 59187, 2015 WL 1954052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallego-v-northland-group-inc-nysd-2015.