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ARTICLE · 20 JUNE 2025

Nothing Common Or Predominant About Emotional Distress Damages

Duane Morris LLP
Duane Morris LLP
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The ruling is a defense blueprint for defending FDCPA cases.

United StatesLitigation, Mediation & Arbitration
Gerald Maatman, Jr.
Gerald Maatman, Jr.
Shannon Noelle
Shannon Noelle
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Duane Morris Takeaways: In an opinion issued on May 29, 2025, Judge Christy Wiegand of the U.S. District Court for the Western District of Pennsylvania denied class certification of two proposed classes under the Fair Debt Collections Practices Act ("FDCPA") (one in the alternative in the event of failure of the first) finding that the predominance requirement of Rule 23(b)(3) was not met where putative class members' standing would depend on individualized inquiries "highly specific" to each member or was based solely on the fact that the member was a consumer that received a debt collection letter (whether it was read or not). The ruling is a defense blueprint for defending FDCPA cases.

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