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eBook details

• Title: Crawford v. Equifax Payment Services
• Author : Seventh Circuit U.S. Court of Appeals
• Release Date : January 03, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

These appeals are successive to Blair v. Equifax Check Services, Inc., 181 F.3d 832 (7th Cir. 1999). Plaintiffs in three class actions contend that Equifax Check Services mailed debt-collection letters that violate 15 U.S.C. sec.sec. 1692e and 1692g, parts of the Fair Debt Collection Practices Act. Details of the claims are not important. Lawrence Crawford filed suit first, in June 1997. Beverly Blair filed a similar suit in December 1997, and Latressa Wilbon filed the third suit in August 1998. All three plaintiffs sought to represent a class of debtors who had received letters from Equifax. Blair and Wilbon were consolidated before District Judge Plunkett, who certified both as class actions on February 25, 1999. Crawford was handled separately. On March 3, 1999, Magistrate Judge Schenkier, presiding by consent under 28 U.S.C. sec.636(c), simultaneously certified Crawford as a class action and tentatively approved a settlement. The class certified in Crawford is much more comprehensive than the classes certified in Blair and Wilbon; all members of the Blair and Wilbon classes are members of the Crawford class. One feature of the Crawford settlement is that members of the class lose their right to class handling of claims for damages. On this basis Equifax asked Judge Plunkett to decertify Blair and Wilbon. He declined, and we affirmed. Our opinion in Blair holds that unless the Crawford settlement is finally approved, Blair and Wilbon are entitled to pursue their own actions. Blair and Wilbon attempted to intervene in Crawford to oppose the settlement, but Magistrate Judge Schenkier denied their motions and then finally approved the settlement. We have for decision two appeals: the first contests the denial of the motions to intervene, and the second--whose propriety is contingent on the success of the first, see Marino v. Ortiz, 484 U.S. 301, 304 (1988); Felzen v. Andreas, 134 F.3d 873 (7th Cir. 1998), affirmed by an equally divided Court under the name California Public Employees Retirement System v. Felzen, 525 U.S. 315 (1999)--challenges the settlements approval.

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