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Jaber v. GC Services Limited Partnership

United States District Court, E.D. Michigan, Southern Division

June 24, 2019

SABAH JABER, individually, and as representative of a class of similarly situated persons, Plaintiff,
v.
GC SERVICES LIMITED PARTNERSHIP Defendant.

          Stephanie Dawkins Davis, Magistrate Judge.

          ORDER DENYING PLAINTIFF'S MOTION TO CERTIFY CLASS

          Victoria A. Roberts, United States District Judge.

         I. INTRODUCTION

         Sabah 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.

         GC 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.

         Because 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 without prejudice.

         II. FACTUAL BACKGROUND

         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.

         After 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.

         III. LEGAL STANDARD

         A case 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 impracticable,
(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 ...

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