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PostPosted: Sun Oct 01, 2006 3:39 pm 
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Carbajal v. Capital One
219 F.R.D. 437
N.D.Ill.,2004.
January 20, 2004

Background: Consumers brought class action against credit card issuer and related entities for alleged violations of Fair Debt Collection Practices Act (FDCPA), based on solicitations received by consumers to transfer delinquent debts owed to other creditors to new credit card account with issuer. Consumers moved for certification of two proposed classes.

Holdings: The District Court, Kennelly, J., held that:
(1) proposed classes satisfied commonality requirement for class certification;
(2) named plaintiffs' claims satisfied typicality requirement for class certification;
(3) named plaintiffs satisfied class certification requirement that representatives fairly and adequately represent interests of class;
(4) common issues predominated over individual issues, supporting class certification; and
(5) class action was superior means of adjudicating dispute.

Motion granted.
MEMORANDUM OPINION AND ORDER


KENNELLY, District Judge.
Plaintiffs Moises Carbajal, Georgia Redd, and Ron Butler have sued Capital One, FSB, Capital One Services, Inc., and Westmoreland Agency, Inc., for alleged violations of the Fair Debt Collection Practices Act. Plaintiffs received solicitations from the defendants to transfer delinquent debts owed to other creditors to a new Capital One Visa credit card account. They contend that this constituted debt collection activity subject to the FDCPA, and they assert that Capital One's solicitation improperly obscured the FDCPA-required “validationâ€

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


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