In Evon v. Law Offices of Sidney Mickel, ___ F.3d ___ (9th Cir. Aug. 1, 2012), the Ninth Circuit reversed an order denying class certification of claims brought under the federal Fair Debt Collection Practices Act.
This case presents the classic case for treatment as a class action: that is, the commonality linking the class members is the dispositive question in the lawsuit. It is not necessary that members of the proposed class “share every fact in common.” Rodriguez v. Hayes, 591 F.3d 1105, 1122 (9th Cir. 2010). Thus, the district court abused its discretion in finding that commonality was not satisfied.
Slip op. at 8495.
The opinion also says that correspondence from an attorney's office is almost always bad news. Id. at 8486. (I sure do hope my clients don't think that.)