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District Court (Ind.) Allows Net Worth Discovery as Relevant towards $500,000 Cap and Class Certification

by Scott J. Hyman |

In Nall v. Allied Interstate, LLC, 2015 WL 6529233, at *1-2 (S.D.Ind. 2015), Judge Baker allowed net worth discovery in an FDCPA class action as relevant towards the propriety of class certification. The cases cited by Plaintiff support the requested discovery. See Green, 997 F.Supp.2d at 935–36 (finding net worth helpful in deciding class certification). Net worth is helpful in… Read More

District Court (N.Y.) Says, in Calculating FDCPA’s “Net Worth” Class Action Penalty, Defendant Need Not Create Audited Financial Statements Where There Are None; But, Plaintiff Need Not Accept Defendant’s Own Valuation of its Business

by Scott J. Hyman |

In Hallmark v. Cohen & Slamowitz, Midland Funding LLC, --- F.R.D. ----, 2014 WL 5017859 (W.D.N.Y. 2014), Judge Froschio did not require an FDCPA class action defendant to prepare audited financial statements where there were none, but, mere production of financial statements did not preclude plaintiff's inquiry into defendants raw data to allow Plaintiff to challenge defendant's valuation of its own business.… Read More