Gammon v. GC Services Ltd. Partnership

162 F.R.D. 313, 1995 U.S. Dist. LEXIS 8940, 1995 WL 385452
CourtDistrict Court, N.D. Illinois
DecidedJune 26, 1995
DocketNo. 93 C 5338
StatusPublished
Cited by69 cases

This text of 162 F.R.D. 313 (Gammon v. GC Services Ltd. Partnership) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gammon v. GC Services Ltd. Partnership, 162 F.R.D. 313, 1995 U.S. Dist. LEXIS 8940, 1995 WL 385452 (N.D. Ill. 1995).

Opinion

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Plaintiff Jeffrey Gammon (“Gammon”) sues defendant GC Services Limited Partnership (“GC Services”) seeking redress for alleged false representations in connection with GC Services’ standard debt collection letter. Gammon alleges that the false representations amount to a violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692e (“FDCPA”). Pursuant to Federal Rule of Civil Procedure 23, Gammon moves for class certification. Specifically, Gammon proposes that tne class be defined as all persons from whom GC Services has attempted to collect debts since August 31, 19921 by use of the same form collection letter. The proposed class is comprised of over four million individuals. Pl.’s Mot. Class Cert, at 2.

BACKGROUND2

On approximately September 3, 1992, GC Services, a debt collection agency, sent [316]*316Gammon a form collection letter containing the following language:

Your account with Mastercard has been referred to us for immediate attention.
You should know that we are an experienced collection agency. We provided the systems used by a major branch of the federal government and various state governments to collect delinquent taxes.
We have collected millions of accounts from people in similar circumstances. Now we intend to collect your debt. We know what we are doing, and we are very efficient. We have handled every kind of account — and dealt with every kind of excuse.
You must surely know the problems you will face later if you do not pay. Send us your payment in full in the enclosed envelope, which is directed to the post office box we maintain for Mastercard accounts.

Complaint ¶ 5 (emphasis added).

Gammon alleges that the language contained in GC Services’ standard collection letter connotes that GC Services is vouched for by, affiliated with, or acting on behalf of both federal and state government in connection with the collection of Gammon’s debt. Id. ¶ 6. Gammon further alleges that a “least sophisticated consumer” standard must be applied to any statements made by GC Services. Id. While GC Services may indeed provide collection services to federal and state government, and thus the statements may literally be true, Gammon alleges that the least sophisticated consumer would interpret such statements to mean that GC Services is vouched for by or affiliated with federal and state government. Id. ¶ 7. Gammon alleges that GC Services includes the above language in its collection letter in order to imply to debtors that GC Services is vouched for by or affiliated with federal or state government, and that GC Services’ actions violate the FDCPA. Id. ¶¶ 7-8.

PROCEDURAL HISTORY

Based on an initial review of Gammon’s complaint, Judge Shadur — to whom this case was originally assigned3 — sua sponte dismissed the case for lack of subject matter jurisdiction. The Court of Appeals for the Seventh Circuit reversed, holding that Gammon’s complaint successfully stated a claim upon which relief can be granted. Gammon v. GC Servs. Ltd. Partnership, 27 F.3d 1254, 1256 (7th Cir.1994). In addition, the Court of Appeals reformulated and replaced the “least sophisticated consumer” standard with an “unsophisticated consumer” standard to reflect an objective element of reasonableness. Id. at 1257. The court then found that an unsophisticated consumer reasonably could interpret the statement “We provided the systems used by a major branch of the federal government and various state governments to collect delinquent taxes” to imply that those governmental bodies vouch for or are affiliated with GC Services, and that the debtor would face future “problems” with “a major branch of the federal government” because of GC Services’ development of the government’s “systems.” Id. at 1257-58. The case was remanded for further proceedings and subsequently reassigned to this Court, which now addresses Gammon’s motion for class certification.

ANALYSIS

The FDCPA expressly provides for class actions. See 15 U.S.C. § 1692k(a)(2)(B). In the case of a class action under the FDCPA, the named plaintiff may recover statutory damages up to $ 1,000 for himself; for the class as a whole, damages are capped at $ 500,000 or 1% of the net worth of the defendant, whichever is less. Id. The class may also recover costs and reasonable attorney’s fees. 15 U.S.C. § 1692k(a)(3). In addition, actual damages are available under the FDCPA, see 15 U.S.C. § 1692k(a)(l), but are not sought in the instant case.

[317]*317The party seeking class certification bears the burden of establishing that certification is proper. Retired Chicago Police Ass’n v. City of Chicago, 7 F.3d 584, 596 (7th Cir.1993).

Rule 23 requires a two-step analysis to determine whether class certification is appropriate. First, the action must satisfy all four requirements of Rule 23(a). That is, “the plaintiff must meet the prerequisites of numerosity, commonality, typicality, and adequacy of representation.” Harriston v. Chicago Tribune Co., 992 F.2d 697, 703 (7th Cir.1993) (internal quotation marks omitted). “All of these elements are prerequisites to certification; failure to meet any one of these precludes certification as a class.” Retired Chicago Police, 7 F.3d at 596; Harriston, 992 F.2d at 703. Second, the action must satisfy one of the conditions of Rule 23(b). Alliance to End Repression v. Rochford, 565 F.2d 975, 977 (7th Cir.1977). Gammon seeks certification under Rule 23(b)(2), which provides:

(b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole[.]

Fed.R.Civ.P. 23(b)(2).

Gammon maintains that all of the requirements of Rule 23(a) and (b)(2) are met. GC Services does not contest that Gammon satisfies Rule 23(a)(l)-(3) (i.e., the numerosity, commonality, and typicality prerequisites)4

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Cite This Page — Counsel Stack

Bluebook (online)
162 F.R.D. 313, 1995 U.S. Dist. LEXIS 8940, 1995 WL 385452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gammon-v-gc-services-ltd-partnership-ilnd-1995.