United States District Court, E.D. Michigan, Southern Division
SABAH JABER, individually, and as representative of a class of similarly situated persons, Plaintiff,
GC SERVICES LIMITED PARTNERSHIP Defendant.
Stephanie Dawkins Davis, Magistrate Judge.
ORDER DENYING PLAINTIFF'S MOTION TO CERTIFY
Victoria A. Roberts, United States District Judge.
Jaber seeks to certify a class of Michigan consumers, whom
she says received debt collection letters from Defendant GC
Services Limited Partnership (“GC”) in violation
of the Fair Debt Collection Practices Act (the
“FDCPA”), 15 U.S.C. §§ 1692e and 1692f.
Jaber contends GC's use of certain language, which
threatens to impose interest, late charges, and other
unspecified charges, is in violation of the FDCPA.
opposes class certification for three reasons. It says: (1)
Jaber does not have standing to pursue her claim because she
has not shown a concrete and particularized injury; (2)
Jaber's class definition is overly broad; and (3) Jaber
cannot meet the requirements of Fed.R.Civ.P. 23.
Jaber's class definition is overly broad, and because she
cannot satisfy the numerosity, commonality, or typicality
requirements of Fed.R.Civ.P. 23, the Court
DENIES her Motion for Class Certification
GC is a
debt collector. Jaber's creditor submitted credit card
debt incurred in her name to GC for collection. GC sent the
first collection letter to Jaber on June 20, 2017. It
included the following language:
Because of interest, late charges, and other charges that may
vary from day to day, the amount owed on the day you pay may
be greater. Hence, if you pay the amount shown above, an
adjustment may be necessary after we receive your payment, in
which event we will inform you.
this first letter was sent, Jaber contacted GC and said she
was the victim of identity theft. GC reported Jaber's
identity theft claim to the creditor. The creditor
investigated this fraud claim and concluded there was no
fraud. Subsequently, the creditor placed Jaber's account
with GC again for collection. GC sent a second, identical
letter to Jaber on August 27, 2017. The above language in the
GC letters is the basis for Jaber's claims.
may proceed as a class action if the party seeking class
certification demonstrates that:
(1) The class is so numerous that joinder of all members is
(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 ...