Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Franco v. Allied Interstate LLC

Rule 68 Offer's Rejection Noted in Finding Plaintiff Is Inadequate Class Representative

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Once again before the Court is plaintiff Gilberto Franco’s (“Franco” or “plaintiff’) motion for class certification, originally filed December 2, 2013. (ECF No. 42.) Following issuance of a Summary Order from the United States Court of Appeals for the Second Circuit reversing the Court’s prior denial of that motion, the Court accepted supplemental briefing from the parties. (ECF No. 117.) Having carefully considered the parties’ respective arguments, and for the reasons stated below, the Court concludes that plaintiff’s motion for certification must be denied.I. BACKGROUNDAs a result of two separate appeals to the Second Circuit, this action has a long and somewhat complicated history. What follows is a brief summary of the facts most relevant to resolution of the present motion.A. Complaint and Rejected Offer of JudgmentPlaintiff originally commenced this action against defendant Allied Interstate LLC (“Allied” or “defendant”), a national debt collection agency, on June 13, 2013. (ECF No. 1.) The operative complaint alleges, in sum, that defendant’s collection practices violate the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§1692, et seq. (See Am. Compl. 1, 2, 9, ECF No. 67.) Specifically, plaintiff alleges that defendant’s written communications warned debtors that they may be subject to wage garnishment of 15 percent of their pay. (Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Go to Events Go to Webcasts
Senior In-House Contracts Administrator

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›
COMMERCIAL FINANCE ATTORNEY - STAMFORD, HARTFORD OR NEW HAVEN OFFICES

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›
CORPORATE ATTORNEY (8+ Years) - REMOTE, CT

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements