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Magee v. Portfolio Recovery Associates, LLC

United States District Court, N.D. Illinois, Eastern Division

February 5, 2015

NACOLA MAGEE and JAMES PETERSON, individually and on behalf of all others similarly situated, Plaintiffs,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendant.

MEMORANDUM OPINION AND ORDER

JOHN W. DARRAH, District Judge.

Plaintiffs Nacola Magee and James Peterson have brought this class action against Portfolio Recovery Associates, LLC ("PRA") for alleged violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et. seq. Plaintiffs have moved, pursuant to Federal Rule of Civil Procedure 23, for class certification. For the reasons stated below, that Motion is granted.

BACKGROUND

The following is taken from the Amended Complaint, exhibits, and briefs submitted by the parties. PRA is a business that engages in the purchasing of defaulted debts originally owed to others and incurred for personal, family, or household purposes. (Am. Compl. ¶ 8.) On October 3, 2011, PRA sent Magee, a resident of Illinois, a letter to collect on a debt originally owed by Magee to Capital One Bank. ( Id. ¶¶ 14-19 & Ex. A.) The letter stated:

Your account was purchased on 7/8/2011 from Capital One Bank, N.A. This letter confirms your arrangement to make the following payment(s) to settle this account.
Payment in the amount of $250.00 is due by 10/5/2011.
Payment in the amount of $193.93 is due by 10/29/2011.
Payment in the amount of $198.93 is due by 11/29/2011.
Should you miss any of the payments described herein, this payment plan may become null and void.
If you complete this payment plan and our company is reporting our company's trade line for this account to the three major credit reporting agencies, our company will report this account as settled.

(Am. Compl. Ex. A.) Magee alleges that this debt was incurred prior to 2004, if it was incurred at all. (Am. Compl. ¶ 19.)

On August 22, 2011, and August 29, 2011, PRA sent Peterson, an Indiana resident, letters to collect on two separate debts that were originally owed to Capital One Bank. ( Id. ¶¶ 20-34 & Exs. B, C.) Peterson alleges that these debts were incurred prior to 2005, if they were incurred at all. ( Id. ¶¶ 28, 34.) Both letters stated:

We want to help you resolve your account and have developed three affordable options for you to pay off this account [including] Single Payment Settlement Option [, ] 6 Month ...

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