In re H & R Block Mortgage Corp.

244 F.R.D. 490, 68 Fed. R. Serv. 3d 1044, 2007 U.S. Dist. LEXIS 59112, 2007 WL 2323111
CourtDistrict Court, N.D. Indiana
DecidedAugust 8, 2007
DocketCause No. 2:06-MD-230; MDL No. 1767
StatusPublished

This text of 244 F.R.D. 490 (In re H & R Block Mortgage Corp.) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re H & R Block Mortgage Corp., 244 F.R.D. 490, 68 Fed. R. Serv. 3d 1044, 2007 U.S. Dist. LEXIS 59112, 2007 WL 2323111 (N.D. Ind. 2007).

Opinion

OPINION AND ORDER

LOZANO, District Judge.

This matter is before the Court in this multidistrict litigation on three motions for class certification, filed by Plaintiffs in each of the three proceedings which have been consolidated for pretrial proceedings: (1) [492]*492Plaintiff Perrie Bonner’s Motion for Class Certification, filed by Plaintiff, Perrie Bonner, on July 2, 2007 [docket # 56](relating to Perrie Bonner v. H & R Block Mortgage Corp., N.D. Indiana, C.A. No. 2:05-cv-162); (2) Plaintiff Pamela J. Phillips’ Motion for Class Certification, filed by Plaintiff, Pamela J. Phillips, on July 2, 2007 [docket # 58](re-lating to Pamela Phillips v. H & R Block, Inc., et al, C.D. California, C.A. No. 8:05-cv-851, our case number 2:06-cv-231); and (3) Plaintiff Eugene Wojtczak’s Motion for Class Certification, filed by Plaintiff, Eugene Wojtczak, on July 2, 2007 [docket # 63] (relating to Eugene Wojtczak v. H & R Block Mortgage Corp., E.D. Wisconsin, C.A. No. 2:05-cv-851, our case number 2:06-cv-232). For the reasons set forth below, all three Motions for Class Certification are GRANTED. Accordingly, THE FOLLOWING CLASSES ARE CERTIFIED:

In Perrie Bonner, 2:05-cv-162: (a) all persons with an address located in the geographic jurisdiction of the Northern District of Indiana (b) to whom Defendant sent or caused to be sent material in the form represented by Exhibit A to the Complaint, (c) on or after April 29, 2003 and before May 19, 2005, and (d) who did not obtain credit in response to the material. A response to the mailer is not a prerequisite for class membership.
In Pamela Phillips, 2:06-cv-231: All individuals in Harris County, Texas whose consumer reports were obtained or used by HRBMC in connection with a credit transaction initiated by them and to whom HRBMC sent or caused to be sent a solicitation in the form represented by Exhibit “A” to the complaint, during the longest period allowable by 15 U.S.C. § 1681p. Excluded from the Class are employees, officers, and directors of HRBMC or its subsidiaries, its successors, or affiliates. In Eugene Wojtczak, 2:06-cv-232: All persons with a Wisconsin address to whom Defendant sent Exhibit A since November 20, 2004.

Additionally, the parties are ORDERED to meet and confer regarding the preparation of a notice to the members of the classes and are directed to submit an agreed proposed notice (or separate proposals if they cannot reach agreement, supported by appropriate citations to case law) to chambers by no later than August 28, 2007.

BACKGROUND

Each of the Plaintiffs in this consolidated proceeding seek class certification of their Fair Credit Reporting Act claims (“FCRA”), 15 U.S.C. section 1681 et seq., against the Defendant, H & R Block Mortgage Corporation (“HRBMC”). Plaintiffs received a credit solicitation mailing from HRBMC informing them they had been pre-approved for a mortgage loan. On behalf of themselves and the three classes of individuals who received the same mailings, Plaintiffs claim HRBMC accessed their consumer reports without their consent and in willful violation of the FCRA. Plaintiffs allege that HRBMC used information contained in pre-qualifying reports received from a credit reporting agency to send offers of credit, in the form of Exhibit A to the complaints, to consumers. Specifically, Plaintiffs claim that HRBMC’s mailings did not constitute a “firm offer of credit” within the meaning of 15 U.S.C. § 1681b(c)(l)(B)(i), and that HRBMC’ s access to them credit reports therefore violates the FCRA. Plaintiffs seek statutory damages on behalf of themselves and the classes pursuant to § 1681n of not less than $100 and not more than $1,000 for each violation by HRBMC.

All three Plaintiffs have moved to certify a class of similarly situated plaintiffs pursuant to Federal Rule of Civil Procedure 23(a) and 23(b)(3). Bonner asks to certify a class of: (a) all persons with an address located in the geographic jurisdiction of the Northern District of Indiana (b) to whom Defendant sent or caused to be sent material in the form represented by Exhibit A to the Complaint, (c) on or after April 29, 2003 and before May 19, 2005, and (d) who did not obtain credit in response to the material. Phillips requests a class of: all individuals in Harris County, Texas whose consumer reports were obtained or used by HRBMC in connection with a credit transaction initiated by them and to whom HRBMC sent or caused to be sent a solicitation in the form represented by Exhibit “A” to the complaint, during the longest period allowable by 15 U.S.C. [493]*493§ 1681p. And Wojtczak asks for a class of: all persons with a Wisconsin address to whom Defendant sent Exhibit A since November 20, 2004. Although each Plaintiff has submitted individual motions for class certification and memoranda in support, HRBMC filed a combined opposition to Plaintiffs’ motions for class certification, and Plaintiffs then filed a consolidated reply in support of motion for class certification. Because the arguments and issues are identical, this Court has chosen to rule on all three of the motions for class certification in one consolidated order.

HRBMC opposes the class certifications on two bases. First, HRBMC argues that Plaintiffs have failed to satisfy Rule 23(b)(3) because a class action is not a “superior” means of adjudication in this matter. Specifically, it argues that the potential liability HRBMC faces with the large classes could put HRBMC out of business. Second, HRBMC argues that Plaintiffs have failed to satisfy Rule 23(b)(3) because individual questions pertaining to whether HRBMC’s offer was a “firm offer of credit” predominate over questions of law and fact common to the putative class. Having been fully briefed, these motions are ripe for adjudication.

Motion to Certify Class

The standards for class certification are well grounded and set forth in Rule 23 of the Federal Rules of Civil Procedure. Plaintiffs must establish that:

(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). In addition, the plaintiff must establish at least one prong of Rule 23(b). In this case, the third prong is relevant, which provides that “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 superior to other available methods for the fair and efficient adjudication of the controversy.” Fed.R.Civ.P.

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244 F.R.D. 490, 68 Fed. R. Serv. 3d 1044, 2007 U.S. Dist. LEXIS 59112, 2007 WL 2323111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-h-r-block-mortgage-corp-innd-2007.