Beattie v. Capital One, et al

[David A. Szwak]

Beattie v. Capital One,
Slip Copy, 2006 WL 1519087, E.D.Wis., May 30, 2006

DECISION AND ORDER GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (DOC. # 27), AND DENYING WITHOUT PREJUDICE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. # 31) AND SUSPENDING DISCOVERY


CLEVERT, J.
*1 Plaintiffs Jason Beattie and Jan R. Calvin filed this action against Capital One, F.S.B. and The Westmoreland Agency for alleged violations of the Fair Debt Collection Practices Act (FDCPA). Briefly, Beattie and Calvin owed money to SBC Ameritech. SBC sold these debts to Capital One, F.S.B., and Capital One, F.S.B., engaged The Westmoreland Agency to collect the debts. This court denied without prejudice defendants' motion to dismiss. Now, the parties return to court on plaintiffs' motion for class certification and defendants' motion for summary judgment.
Plaintiffs' proposed class would consist of the following:
(a) all natural persons (b) who were sent a collection letter in the form represented by Exhibit A to an address in the State of Wisconsin, (c) seeking to collect a debt for personal, family or household purposes, (e) on or after a date one year prior to the filing of this action, (f) that was not returned by the postal service.
Exhibit A is a standard form, initial collection letter addressed to plaintiff Jason Beattie from The Westmoreland Agency. The letter explains that The Westmoreland Agency “is servicing the account on behalf of Capital One,â€