Jordan v. Commonwealth Financial Systems, Inc.

237 F.R.D. 132, 2006 WL 2294855
CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 25, 2006
DocketNo. 2:05 CV 05789 LDD
StatusPublished
Cited by11 cases

This text of 237 F.R.D. 132 (Jordan v. Commonwealth Financial Systems, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jordan v. Commonwealth Financial Systems, Inc., 237 F.R.D. 132, 2006 WL 2294855 (E.D. Pa. 2006).

Opinion

MEMORANDUM OPINION

DAVIS, District Judge.

Presently before the Court are plaintiffs motion for class certification (Doc. No. 7), defendants’ brief in opposition (Doc. No. 20), [134]*134and plaintiffs reply thereto (Doc. No. 21). For the following reasons, this Court grants plaintiffs motion.

I. Factual and Procedural History

Plaintiff Fred Jordan (“plaintiff’) seeks class certification for claims brought pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq., and the Pennsylvania Fair Credit Extension Uniformity Act (“FCEUA”), 73 Pa. Cons.Stat. Ann. § 2270.1 et seq.. (See PI. Br., at 1). Plaintiff alleges that defendant Commonwealth Financial Systems (“CFS”), a debt collection corporation, and defendant Patricia Cobb (“Cobb”), the executive vice-president of CFS and a licensed attorney, committed a series of FDCPA violations in connection with the distribution of standardized debt collection letters to plaintiff and other members of the putative classes to collect non-business debts.

A. PORT One Letters

A PORT One letter is the first standardized, computer-generated letter that CFS sends to a debtor after an account has been uploaded into CFS’ computer system. (See Cobb Dep., attached as Ex. A to Def. Br., at 52-54). CFS generates and mails several thousand PORT One letters to debtors each year. (Id., at 54).

Plaintiff received PORT One letters on April 1, 2004 and September 20, 2004. (Id.; see April 1, 2004 Letter and September 20, 2004 Letter, attached as Ex. A and E to PI. Compl). The April 1, 2004 letter demanded that plaintiff pay CFS the amount of $1,784.40 on an overdue credit card account with Providian (“first Providian account”), and informed plaintiff that the debt “will” be referred to an attorney for “legal consideration” within 35 days from the date of the letter if no payment or payment arrangement is made. (See April 1, 2004 Letter). The September 20, 2004 letter, the content of which virtually duplicates that of the April 1, 2004 letter, threatened the referral of the debt from a second overdue Providian account (“second Providian account”) for legal action unless plaintiff either paid CFS the amount of the debt ($8,435.24) or made payment arrangements within 35 days. (See September 20, 2004 Letter). After receiving the April 1, 2004 and September 20, 2004 PORT One letters, plaintiff disputed and requested verification of the amount of the credit card debt. (See Compl., at H1Í14, 16, 21; April 28, 2004 Dispute Letter, attached as Ex. B to PI. Compl.; May 27, 2004 Dispute Letter, attached as Ex. D to PI. Compl.; October 20, 2004 Dispute Letter, attached as Ex. G to PI. Compl.).

Despite the representation in the PORT One letter that, in the absence of a response, CFS “will refer this matter to an attorney ... for legal consideration” within thirty-five days, CFS’ computer system is pre-programmed to generate and send a second standardized letter, the 2 UNI letter, forty-five days after the mailing of the PORT One letter, if the debtor does not respond to the PORT One letter. (See Cobb Dep., at 63-64). Plaintiff received a 2UNI letter, dated May 14, 2004, concerning the first Providian account. (See May 14, 2004 Letter, attached as Ex. C to PL Compl). This letter, captioned “Final Notice Before Suit,” stated that although it appears “immediate legal action” is the only available recourse, CFS would hold plaintiffs file for ten days to await communication of plaintiffs repayment intentions. (Id.).

Plaintiff alleges that the April 1, 2004 and September 20, 2004 PORT One letters violated the FDCPA in the following ways: (a) using the phrase “Commonwealth Financial Systems” to coerce unsophisticated consumers into believing that CFS was affiliated with the Pennsylvania government; (b) falsely suggesting that the Commonwealth of Pennsylvania or one of its agencies approved the letters; (c) falsely representing that if payment is not remitted or an agreement reached within 35 days, the matter will be referred to an attorney for legal consideration; and (d) creating a false sense of urgency. (See Compl., at 1T1Í 56-57; Pl. Reply Br., at 7-8).

C. November 24, 2004 Letter

Plaintiff received his first correspondence from Cobb in November 2004. Through a November 24, 2004 letter, Cobb advised [135]*135plaintiff that his first Providian account had been referred to her “office for legal action.” (See November 24, 2004 Letter, attached as Ex. H to PI. Compl.). The November 24, 2004 letter threatened that if payment was not received nor arrangements made with CFS, Cobb’s “client,” within ten days from the date of the letter, “further action would be taken to collect the debt.” (Id.). The letterhead identified Cobb as an attorney with an address and telephone number in Scranton, Pennsylvania, but never identified Cobb as an employee of CFS. (Id.). The letter also failed to indicate expressly that CFS shared Cobb’s address and telephone number. (Id.).

Plaintiff alleges that the November 24, 2004 letter violated the FDCPA in the following ways: (a) threatening to take action without an intent to do so; (b) creating a false sense of urgency; (e) creating the false belief that someone other than the creditor was participating in the collection of plaintiffs debt; (d) creating a false belief that plaintiffs debt had been referred to an independent law firm and lawyer, who were participating in the collection of the debt; and (e) failing to provide a validation notice to plaintiff in the debt collector’s initial communication or within five days of that communication.1 (See Compl., at 11156-57; PI. Reply Br., at 10-11).

D. AA3 Letter

An AA3 letter is the final standardized letter that CFS sends to a debtor before the debt is referred for suit. (See Cobb Dep., at 96-97). Plaintiff received an AA3 letter, dated July 7, 2005, from CFS concerning the first Providian account. (See July 7, 2005 Letter, attached as Ex. I to PI. Compl.). The July 7, 2005 letter stated that if payments were not made within five days from the date of the letter, “legal action will be commenced to seek judgment and satisfaction of the debt.” (Id.). Cobb admitted during her deposition that despite the threat of imminent legal action, additional letters in the form of a “5 day letter” or a “10 day letter” are sent to debtors prior to filing suit. (See Cobb Dep., at 75, 98, 117-118). Cobb further admitted that several hundred AA3 letters are mailed out per year. (Id., at 99).

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

Related

GAREY v. JAMES S. FARRIN, P.C.
M.D. North Carolina, 2020
Harlan v. Transworld Systems, Inc.
302 F.R.D. 319 (E.D. Pennsylvania, 2014)
In re Insurance Brokerage Antitrust Litigation
297 F.R.D. 136 (D. New Jersey, 2013)
Dewey v. Volkswagen of America
909 F. Supp. 2d 373 (D. New Jersey, 2012)
Logory v. County of Susquehanna
277 F.R.D. 135 (M.D. Pennsylvania, 2011)
Chakejian v. Equifax Information Services LLC
256 F.R.D. 492 (E.D. Pennsylvania, 2009)
Elias v. Ungar's Food Products, Inc.
252 F.R.D. 233 (D. New Jersey, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
237 F.R.D. 132, 2006 WL 2294855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-commonwealth-financial-systems-inc-paed-2006.