Gallego v. Northland Group Inc.

Plaintiff filed a putative class action against Northland, alleging that it violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., by sending him and other class members a debt collection letter that gave a call‐back number but did not specify the name of the person at that number. The district court denied class certification, and then dismissed the complaint for lack of subject‐matter jurisdiction. The court agreed with the district court that plaintiff’s allegations concerning the failure to include the name of a person to call back do not state a claim under the FDCPA. However, the court disagreed with the district court that the claim is so insubstantial that it does not even support federal‐question jurisdiction.  The court also concluded that the district court did not abuse its discretion in denying class certification. Accordingly, the court affirmed in part, vacated in part, and remanded for further proceedings. View "Gallego v. Northland Group Inc." on Justia Law