Guevarra

Guevarra v. Progressive Financial Services, Inc.

Good Law
497 F. Supp. 2d 1090·2007 WL 2219524·2007 U.S. Dist. LEXIS 57908
United States District Court, Northern District of CaliforniaJuly 31, 2007C-05-3466-VRWCalifornia628 words

Opinion

Opinion

Walker, J.

ORDER

Defendants are a collection agency and one of its employees who sent a collection letter that allegedly violates the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq., and California’s Rosenthal Fair Debt Collection Practices Act (“the Rosenthal Act”), Cal. Civ. Code § 1788 et seq. Doc. # 1. Defendants sent the allegedly offending letter to collect debts incurred to numerous creditors. When this case was initially filed, the complaint sought class-wide relief on behalf of all debtors who received the letter at issue here. Subsequently, plaintiff amended her complaint to seek relief for herself and a class of those recipients of the offending letter indebted to IKEA, only one of the creditors.

At the November 21, 2006, hearing on plaintiffs class certification motion, in response to the court’s questioning, counsel for plaintiff admitted to coordinating with plaintiffs counsel in a separate action pending in the Central District of California concerning the same letter as the one at issue here, see Hertado v. Progressive Financial Services, 05-635-VAP-SGL. Apparently, plaintiffs counsel agreed with counsel in the Hertado matter to divide up the class…

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