Debt Collector Beats Class Claims in FDCPA, TCPA Suit

January 22, 2015 – In The News

Scott L. Vernick was quoted in the Law360 article, “Debt Collector Beats Class Claims in FDCPA, TCPA Suit.” Full text can be found in the January 22, 2015, issue, but a synopsis is below.

A Pennsylvania federal judge has dismissed a plaintiff’s class allegations against a debt collector in a suit alleging violations of the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).

U.S. Judge Stewart Dalzell ruled the proposed class definitions a fail-safe and said there would be no way to notify members of the plaintiff’s proposed classes, since it is in the early days of litigation, without extensive fact checking that should be avoided in class actions.

According to Scott Vernick, who served as counsel for Complete Payment, the ruling was a successful example of their strategy to attack class allegations early in litigation.

“Given the liability, it’s important to figure out how to attack the class allegations and cut them off at the pass, preempting motions for discovery and class certification,” he said.

Complete Payment is represented by Scott L. Vernick, Gerald E. Arth, Joshua Horn and Nicholas Solosky of Fox Rothschild LLP.

Click here to view the full article.