Class Certified in Rider Student's Suit Over Student Loan Collections
A federal judge in New Jersey has certified a class of student loan borrowers in an action claiming a debt-collection letter contained false and misleading statements about possible late charges.
December 04, 2018 at 05:51 PM
3 minute read
A federal judge in New Jersey has certified a class of student loan borrowers in an action claiming a debt-collection letter contained false and misleading statements about possible late charges.
U.S. District Judge Robert Kugler on Monday granted class certification to the named plaintiff, Jennifer Hovermale, and denied a motion to dismiss filed by the defendant, Immediate Credit Recovery.
Hovermale, a former student at Rider University in Lawrenceville, alleges that ICR violated her rights under the federal Fair Debt Collection Practices Act when it sent her a letter about her student loan, which was in default, warning her that in addition to interest and other charges, she could face “late charges.”
According to Kugler's decision, Hovermale filed her lawsuit against ICR after learning that the terms of her student loan did not include a provision for late fees in the event of nonpayment.
ICR had moved for summary judgment, saying Hovermale lacked standing under Article III of the U.S. Constitution because she suffered no actual injury.
Kugler rejected that argument, saying it was clear that Hovermale, and potentially the other plaintiffs, had shown sufficient evidence when they received a factually misleading claim.
“ICR's opposition falls flat,” Kugler said. “Hovermale claims that ICR violated her substantive FDCPA rights by sending her a letter including the materially misleading late charges language—when ICR had no lawful right to assess late charges—constituting an injury in fact.
“The court agrees with Hovermale as to the framing of the harm at issue,” he said.
Hovermale said in arguing for class certification that she has identified at least 2,893 other New Jersey class members who have received similar letters from ICR mentioning the imposition of possible late fees.
Although Hovermale was a Rider student, the ruling does not say whether the other potential plaintiffs also attended that university.
ICR claimed it sent out only 207 such letters, according to the ruling.
Nevertheless, Kugler said, Hovermale met the standard set in 2001 by the U.S. Court of Appeals for the Third Circuit in Stewart v. Abraham, which said there should be at least 40 would-be plaintiffs in order to attain class-action status.
Kugler wrote, “Here, the proposed class includes those who received the same or substantially similar form letters from ICR containing the same late charges language.”
The lead attorney for Hovermale and the putative class is Daniel Frischberg, who heads a firm in Marlton.
ICR retained Monica Littman of the Philadelphia office of Fineman Krekstein & Harris.
Neither returned a call seeking comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAppellate Division Tosses Challenge to Rutgers Board Members That Ensnared NJ Lawyer
5 minute read'A More Nuanced Issue': NJ Supreme Court Considers Appellate Rules for Personal Injury Judgments
5 minute read3rd Circ Orders SEC to Explain ‘How and When the Federal Securities Laws Apply to Digital Assets’
5 minute readTrending Stories
- 1Bribery Case Against Former Lt. Gov. Brian Benjamin Is Dropped
- 2‘Extremely Disturbing’: AI Firms Face Class Action by ‘Taskers’ Exposed to Traumatic Content
- 3State Appeals Court Revives BraunHagey Lawsuit Alleging $4.2M Unlawful Wire to China
- 4Invoking Trump, AG Bonta Reminds Lawyers of Duties to Noncitizens in Plea Dealing
- 522-Count Indictment Is Just the Start of SCOTUSBlog Atty's Legal Problems, Experts Say
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250