New Jersey Law Firm Dodges Class Certification in Debt Collection Lawsuit
A federal judge found the size of the putative class—26 people—failed to meet the numerosity standard.
November 26, 2019 at 02:39 PM
4 minute read
A federal judge has denied class certification in a Fair Debt Collection Practices Act lawsuit against law firm Zager Fuchs after finding the size of the putative class—26 people—failed to meet the numerosity standard.
The suit claims the firm and attorney Michael Warshaw sent plaintiff Christine Zangara several letters in 2015 seeking to collect amounts in excess of what she owed on a defaulted bail bond. In September 2016, the firm and Warshaw filed a collection suit against Zangara. The firm and Warshaw filed 25 other suits against consumers since 2016 that sought more than the amount owed, Zangara claims.
Zangara moved for class certification in April, and U.S. District Judge Michael Shipp denied the motion without prejudice Monday. Shipp said that to certify the class, Zangara must show by a preponderance of the evidence that the class is so numerous that joinder of all members is impracticable. He said that a class of 20 or fewer members is usually considered insufficiently numerous, a class of over 40 members is sufficient, and 21-40 members "may not meet the numerosity requirement depending on the circumstances," citing a 2001 decision from the U.S. Court of Appeals for the Third Circuit.
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