E.D.N.C.: Lewis v. Equityexperts.org II- Class

Summary:

The District Court addressed motions to certify a class action and to extend deadlines in a lawsuit alleging improper debt collection practices under federal and state law granting,  in part,  class certification for two classes under Rule 23(a) and (b)(3), but denying certification for a third class.

• Notice of Lien Class: North Carolina homeowners who received a Notice of Lien from the defendant substantially identical to the one sent to the plaintiff and subsequently made a payment to the defendant.
• Notice of Intent to Foreclose Class: North Carolina homeowners who received a Notice of Intent to Foreclose from the defendant substantially identical to the one sent to the plaintiff and subsequently made a payment to the defendant.
• Unconscionable Collection Fee Class:  Certification for this class, which would have encompassed all homeowners charged over $1,200 in collection fees, was denied due to insufficient commonality and predominance of common issues across the proposed class.

The court limited the certified classes to include only those who made payments following receipt of the notices, addressing standing concerns and ensuring class members suffered a concrete injury.
Appointment of Class Representatives and Counsel:

This ruling advances the case to the next stages of litigation, focusing on the certified classes and the legal issues central to their claims.

Commentary:

For summary and commentary on the previous opinion in this case:  E.D.N.C.: Lewis v. EquityExperts.org- Excessive Fees illegal under FDCPA

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