Thorne vs. Commonwealth Financial Systems, Inc.

Thorne vs. Commonwealth Financial Systems, Inc. (S.D. Fla. – June 21, 2011) – Case No. 10-cv-20257. Plaintiff filed a class action lawsuit claiming our client, a debt collection agency, violated the Fair Debt Collection Practices Act by failing to disclose in pre-recorded messages that it is a debt collector. In denying the Plaintiff’s motion for class certification, the Court held that due to the fact that the FDCPA required Defendant to disclose its status as a debt collector to consumers only, individual issues predominated over the determination of Defendant’s liability to the members of the Plaintiff’s proposed class, which precluded class certification.