Flecha v. Medicredit, Inc., No. 18-50551 (5th Cir. 2020)Annotate this Case
Plaintiff filed a putative class action alleging that Medicredit's collection letter made a false threat of legal action against her, in violation of the Fair Debt Collection Practices Act (FDCPA). The Fifth Circuit reversed the district court's class certification order, holding that the putative class failed to satisfy Federal Rule of Civil Procedure 23's commonality, typicality, and predominance requirements. In this case, plaintiff failed to carry her burden to affirmatively demonstrate that her claim that Medicredit threatened to take legal action against class members was capable of classwide resolution. Furthermore, the putative class presented substantial questions of Article III standing. Accordingly, the court remanded for further proceedings.