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Ferris v. Transworld Systems, Inc.

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

January 31, 2018

RICHARD FERRIS, Plaintiff,
v.
TRANSWORLD SYSTEMS, INC. et al., Defendants.

          MEMORANDUM OPINION

          SAMUEL DER-YEGHIAYAN UNITED STATES DISTRICT COURT JUDGE.

         This matter is before the court on Plaintiff Richard Ferris' (Fenis) motion for class certification. For the reasons stated below, the motion is granted in part and denied in part.

         BACKGROUND

         Ferris alleges that Defendant Transworld Systems Inc. (Transworld) is a debt collector that operates a network of debt collectors. Defendant Convergent Outsourcing Inc. (Convergent) is allegedly a debt collector in Transworld's network. Defendants have allegedly been seeking to collect a debt (Debt) on a student loan for a family member of Ferris. Ferris allegedly acted as a cosigner for the loan. In February 2016, Convergent allegedly sent Fenis a form letter (Letter) seeking to collect the Debt and falsely indicated that the creditor of the debt was "Chase." The Letter also allegedly falsely listed Transworld's address as the address of the "original creditor's address." Ferris includes in his complaint claims alleging violations of 15 U.S.C. § l692e (Section l692e) and 15 U.S.C. § l692g (Section I692g) of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. Ferris now moves to certify a class pursuant to Federal Rule of Civil Procedure 23 (Rule 23).

         LEGAL STANDARD

         Rule 23 provides in part the following:

         (a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if:

(1) the class is so numerous that joinder of all members is impracticable;
(2) there are questions of law or fact common to the class;
(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and
(4) the representative parties will fairly and adequately protect the interests of the class.
(b) Types of Class Actions. A class action may be maintained if Rule 23(a) is satisfied and if:
(1) prosecuting separate actions by or against individual class members would create a risk of:
(A) inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct ...

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