Hunt v. Check Recovery Systems, Inc.

241 F.R.D. 505, 2007 U.S. Dist. LEXIS 21450, 2007 WL 853031
CourtDistrict Court, N.D. California
DecidedMarch 21, 2007
DocketNos. C05-04993 MJJ, C06-02037 MJJ
StatusPublished
Cited by33 cases

This text of 241 F.R.D. 505 (Hunt v. Check Recovery Systems, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hunt v. Check Recovery Systems, Inc., 241 F.R.D. 505, 2007 U.S. Dist. LEXIS 21450, 2007 WL 853031 (N.D. Cal. 2007).

Opinion

ORDER GRANTING PLAINTIFFS’ MOTION TO CERTIFY CLASS

JENKINS, District Judge.

INTRODUCTION

Before the Court is Plaintiffs Brandy Hunt (“Hunt”) and Brian Castillo’s (“Castillo”) (collectively, “Plaintiffs”) Motion to Certify Class.1 Defendant Imperial Merchant Services d.b.a. Check Recovery Systems (“Defendant” or “Imperial”) opposes the motion. For the following reasons, the Court GRANTS Plaintiffs’ Motion to Certify Class.

FACTUAL BACKGROUND

A. Procedural History

Hunt and Castillo filed their complaints on December 5, 2005 and March 16, 2006, respectively. On May 9, 2006, this Court issued a Related Case Order relating Plaintiffs’ cases. Both Plaintiffs seek damages under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Plaintiffs allege that Imperial’s practice of including an interest charge, in addition to their attempt to collect both a check amount and a statutory service charge violates the FDCPA. In particular, Plaintiffs allege that Defendant’s debt collection practices: (1) use false, deceptive or misleading representations in violation of § 1692e; (2) falsely represent the character, amount, or legal status of the debt in violation of § 1692e(2)(A); (3) use unfair or unconscionable means to collect or attempt to collect the debt in violation § 1692f; and (4) exceed the amount expressly permitted by law in violation of § 1692f(l). Plaintiffs now seek class certification, to create a class of similarly situated Plaintiffs, pursuant [508]*508to Federal Rules of Civil Procedure 23(a) and 23(b).

On behalf of the class, Plaintiffs seek the following forms of relief: (1) declaratory judgment that Defendant’s practices violate the FDCPA; (2) actual damages pursuant to § 1692k; (3) statutory damages pursuant to § 1692k; and (4) costs and reasonable attorney fees pursuant to § 1692k.

B. The Parties

On July 5, 2004, Hunt wrote a check in the amount of $137.15 to Pak ‘n Save. (Joint Statement of Undisputed Fact (“JSUF”) U 2.) On November 28, 2004, Castillo wrote a check in the amount of $276.36 to Pak ‘n Save. (Id. It 1.) Both checks were written for personal, family, or household purposes, and both checks returned unpaid due to insufficient funds. (Id. Hit 1-2, 5.) Pak ‘n Save is operated by Safeway, Inc. (“Safeway”). (Id. 113.) After the Castillo and Hunt cheeks were returned unpaid, Safeway referred the checks to Imperial for collection. (Id. 114.) The parties agree that Imperial’s debt collection conduct is governed by the FDCPA. (Id. If 5.)

C. Defendant’s Debt Collection Practices

The principal purpose of Imperial is to collect debts. (Id. 115.) When Safeway refers unpaid checks written in California to Imperial, Safeway asks Imperial to collect the cheek amount and the service charge provided under California Civil Code § 1719. (Id. 116.) Imperial retains 27% of the amount collected for the check and the statutory service charge. (Id.) After a check has been referred to Imperial, Imperial adds an interest charge, which is calculated at the rate of 10% per annum, accruing from the date the check was written. (Id.) Imperial retains 100% of the interest that it collects. (Id.) Safeway and Imperial followed these practices in connection with the Hunt and Castillo checks. (Id.)

1. Castillo’s Check

Safeway referred the Castillo check to Imperial to collect the check amount plus a $25.00 statutory service charge. (Id. H 7.) Imperial mailed Castillo a collection letter, dated 2005, in which Imperial demanded $276.36 for the check amount, $25.00 as a “Mise.” $8.99 as interest. (Id.) Subsequently, Imperial mailed Castillo a collection letter, date 2005, in which Imperial demanded $276.36 for the check amount, $25.00 as a “Mise.” $30.43 as interest. (Id.)

2. Hunt’s Check

Safeway referred the Hunt check to Imperial to collect the check amount plus a $35.00 statutory service charge. (Id. 118.) Subsequently, Imperial mailed Hunt two collection demands. (Id.) The second demand, dated December 6, 2005, includes a demand for the check amount, a “Mise.” charge of $35.00, and interest of $7.26, for a total of $179.41.

D. Proposed Definition of the Class

Plaintiffs define the proposed class as follows:

All persons to whom defendant mailed a collection demand at any time since December 5, 2004, (1) which included a demand for both interest and a statutory service charge on a dishonored check; (2) where the check was written in the State of California for personal, family or household purposes; and (3) whose mail was not returned as undeliverable.

(Plaintiffs’ Motion for Class Certification (“Mot. for Cert.”) 2.)

LEGAL STANDARD

Rule 23 of the Federal Rules of Civil Procedure outlines a two-step process for determining whether class certification is appropriate. First, Rule 23(a) sets forth four conjunctive prerequisites that must be met for any class:

(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); see also Hanon v. Data-products Corp., 976 F.2d 497, 508 (9th Cir. 1992). These four requirements are often [509]*509referred to as numerosity, commonality, typicality, and adequacy. See General Tel. Co. v. Falcon, 457 U.S. 147, 156, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982); In re Adobe Sys., Inc. Sec. Litig., 139 F.R.D. 150, 153 (N.D.Cal. 1991).

Second, assuming the requirements of subdivision (a) are satisfied, the party seeking class certification must also demonstrate that the action is maintainable by falling within one of the three kinds of actions permitted under Rule 23(b). See Fed.R.Civ.P. 23(b); In re Adobe Sys., 139 F.R.D. at 153. Specifically, the plaintiffs must demonstrate their claim is proper under Rule 23(b)(1), (b)(2), or (b)(3).

An action is maintainable under Rule 23(b)(1) when there is either “a risk of prejudice from separate actions establishing incompatible standards of conduct” or the judgment in an individual lawsuit might adversely impact other class members.

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Bluebook (online)
241 F.R.D. 505, 2007 U.S. Dist. LEXIS 21450, 2007 WL 853031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-check-recovery-systems-inc-cand-2007.