The Mass Tort Defense Blog has a good post this week on the Seventh Circuit decision on the FDCPA in Dekoven v. Plaza Associates, with an interesting twist on certification-related expert testimony. Take a look.
Seventh Circuit Decides FDCPA Class Claims And Offers Survey Guidance
The Seventh Circuit recently issued an interesting decision in two consolidated consumer cases. Dekoven v. Plaza Associates, Nos. 09-2016, 09-2249 (7th Cir. 3/17/10). In the two closely related class action suits under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p, which the appeals court had consolidated for decision, the plaintiffs complained about dunning letters sent to them by the a debt collection agency. What is most interesting to our readers is not the Fair Debt Collection Practices Act issues, perhaps, but the court’s guidance on survey evidence. In both cases the district court had entered summary judgment in favor of defendant after rejecting the survey evidence prepared by the plaintiffs’ expert witness . . .