Jones v. Roy

202 F.R.D. 658, 2001 U.S. Dist. LEXIS 12886, 2001 WL 958824
CourtDistrict Court, M.D. Alabama
DecidedApril 24, 2001
DocketNo. CIV.A.99-D-925-N
StatusPublished
Cited by15 cases

This text of 202 F.R.D. 658 (Jones v. Roy) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Roy, 202 F.R.D. 658, 2001 U.S. Dist. LEXIS 12886, 2001 WL 958824 (M.D. Ala. 2001).

Opinion

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is Plaintiff Willie Bell Jones’s1 Motion For Class Certification, filed November 15, 2000. Defendant Olsten Health Services2 filed a Response December 4, and Plaintiff issued a Reply December 11. After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that Plaintiffs Motion is due to be denied.

I. STANDARD OF REVIEW

Class certification is a procedural question separate from the merits of the case. A court may not certify a class unless it is satisfied that the plaintiffs have met the requirements of Rule 23 of the Federal Rules of Civil Procedure. See Gilchrist v. Bolger, 733 F.2d 1551, 1555 (11th Cir.1984).

II. FACTUAL BACKGROUND

Plaintiff seeks to assert a class action under the Fair Debt Collection Practices Act (“FDCPA”). Plaintiff sues Olsten and its attorney, Jennifer L. Roy,3 and proposes the following class:

[A]I1 persons that Olsten and/or Roy have attempted to collect debts from that were not given proper notification and disclosures pursuant to 15 U.S.C. § 1692g enumerated above, and that were the target of misleading communications enumerated herein and prohibited by 15 U.S.C. § 1692e, in an attempt to collect debt.

From that original large class, Plaintiff asks the court to certify two subclasses:

1. All persons who received a letter from Olsten Health Services/Gentiva4 that referenced the “Corporate Collection Center” between August 26, 1998 and present.
[661]*6612. All persons who received a copy of a letter from Jennifer L. Roy substantially similar in form, the exception being the name of the debtor and his or her address, and the amount owing, as the letters attached [to Plaintiffs Memorandum] as Exhibits A and B between August 26, 1998 and the present.

A. Facts Surrounding the Roy Subclass

In March 1997, Olsten provided Plaintiff with home healthcare services. Due to confusion as to the amount Plaintiffs insurance carrier was to pay on the bill, Olsten sent Plaintiff a letter in September 1998 stating that he had an outstanding balance for the services performed in the amount of $1,252.38. Plaintiff tried to clear up the matter but was unsuccessful.

On December 11, 1998, Plaintiff received a letter from Jennifer L. Roy regarding the debt. In its entirety, the letter provides: Dear Mr. Jones:

This letter is to advise you that I represent Olsten Health Services (formerly Olsten Kimberly Quality Care). I have been retained to assist with the collection of monies due on your account with Olsten. Currently, the balance due and owing is $1,252.38.
After reviewing your account it has been determined that your insurance carrier has not paid all claims as anticipated. I am currently working with your insurance carrier to resolve this situation. Please be aware that should your carrier not pay the outstanding claims or not pay them in full, you may be responsible for any unpaid amounts.
If I am unable to resolve this matter with your insurance company within thirty (30) days, Olsten has instructed me to collect the balance of your account from you if you are in fact responsible. In that regard, if you have any information that will help facilitate the payment of the outstanding charges, I urge you to contact either me or your insurance carrier as soon as possible. The is an attempt to collect a debt and any information obtained will be used for that purpose.
Sincerely,
/s/ Jennifer L. Roy

Plaintiff erroneously contends that the letter he received is “exactly the same” as another letter sent to other debtors on behalf of Olsten. The letters are different in two respects. First, the last sentence of the second paragraph of the letter sent to debtors other than Plaintiff provides that “should your carrier not pay the outstanding claims or not pay them in full you will be responsible for any unpaid amounts.” (emphasis added). Second, the letter Plaintiff received says he will be charged for the unpaid bill only “if you are in fact responsible” for it. The other letters do not have this limitation.

Between August 26, 1998 and the present, Roy sent letters to different parts of the country. Letters with the “will” language went to 15 patients, but only 12 of them actually received it. Letters with the “may” language, such as the letter Plaintiff received, went to 33 persons, but only 21 persons received it. Combining the 12 recipients of the “will” letter with the 21 recipients of the “may letter,” Plaintiff seeks to certify a subclass of the 33 individuals.5

B. Facts Surrounding the Olsten/Gentiva Subclass

Plaintiff also seeks to certify a class of “literally thousands” of individuals who received letters directly from Olsten containing a reference to “Corporate Collection Center” in the letterhead. Olsten sent four or five different versions of letters advising clients of the status of their account. Plaintiff admits that he never received such a letter from Olsten. Nevertheless, he contends that he can adequately represent a class alleging such letters violate 15 U.S.C. § 1692(e)(14), which prohibits any business, company, or organization from using any name other than the true name of debt collection business, company or organization to collect a debt. This is because Plaintiff, too, received a letter, albeit not from Olsten, with the name [662]*662“Corporate Collection Center” in the letterhead.

III. DISCUSSION

A court will certify a class only if the court determines “after a rigorous analysis, that the prerequisites of Rule 23(a) are satisfied.” General Tel. Co. of S.W. v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982). When a party seeks to certify various subclasses, each proposed subclass “must independently satisfy class action criteria.” 1 Newberg on Class Actions § 3.09 (3d ed.1992). The Rule 23(a) prerequisites are often referred to as numerosity, commonality, typicality, and adequacy of representation. See Fed. R. Crv. P. 23(a). If a representative fails to establish any single requirement, then the case may not proceed as a class action. See Coleman v. Cannon Oil Co., 141 F.R.D. 516, 520 (M.D.Ala.1992).

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

Related

Foster v. Ledbetter
S.D. Florida, 2020
Justice v. Rheem Manufacturing Co.
318 F.R.D. 687 (S.D. Florida, 2016)
Sanchez-Knutson v. Ford Motor Co.
310 F.R.D. 529 (S.D. Florida, 2015)
Bailey v. Rocky Mountain Holdings, LLC
309 F.R.D. 675 (S.D. Florida, 2015)
In re Checking Account Overdraft Litigation
281 F.R.D. 667 (S.D. Georgia, 2012)
Larsen v. Union Bank, N.A.
275 F.R.D. 666 (S.D. Florida, 2011)
Bacon v. Stiefel Laboratories, Inc.
275 F.R.D. 681 (S.D. Florida, 2011)
Drossin v. National Action Financial Services, Inc.
255 F.R.D. 608 (S.D. Florida, 2009)
Rosen v. J.M. Auto Inc.
270 F.R.D. 675 (S.D. Florida, 2009)
Gries v. Standard Ready Mix Concrete, L.L.C.
252 F.R.D. 479 (N.D. Iowa, 2008)
Jones v. Jeld-Wen, Inc.
250 F.R.D. 685 (S.D. Florida, 2008)
Labauve v. Olin Corp.
231 F.R.D. 632 (S.D. Alabama, 2005)
Tyrell v. Robert Kaye & Associates, P.A.
223 F.R.D. 686 (S.D. Florida, 2004)
Agan v. Katzman & Korr, P.A.
222 F.R.D. 692 (S.D. Florida, 2004)
Sanft v. Winnebago Industries, Inc.
214 F.R.D. 514 (N.D. Iowa, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
202 F.R.D. 658, 2001 U.S. Dist. LEXIS 12886, 2001 WL 958824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-roy-almd-2001.