David Schultz Analyzes in ARM Compliance Digest: Oklahoma District Court Judge Dismisses Class-Action Component of FDCPA Suit
In The News | 1 min read
Oct 23, 2024
In the October 21, 2024, issue of the ARM Compliance Digest, Hinshaw partner David Schultz authored a column reviewing an Oklahoma District Court's ruling in an alleged ineffective service in a collection lawsuit, with the plaintiff filing multiple counts under the FDCPA and seeking class action certification. While the court denied the defendant's motion to dismiss the plaintiff’s individual claims regarding improper service, it did address the defendant's challenge to the flawed class definition.
Schultz writes:
The plaintiff in Downs v Robinson Hoover and Fudge, PLLC ("RHF") claimed that there was ineffective ("sewer service") in a collection lawsuit that resulted in a default judgment. She asserted multiple FDCPA counts and sought to certify a class. RHF filed a R. 12(b)(6) motion. The court denied the motion as to plaintiff’s individual claims relating to the supposed improper service.
The more interesting part of the opinion has to do with the class aspect. RHF moved to dismiss the class claim, contending that the definition was flawed in numerous ways. The court discussed how there is uncertainty on what rules and standards apply when facing a challenge to a class definition at the early pleading stage. It ultimately side steps some of these procedural issues, determining that the class definition contained a few fundamental flaws.
It is unusual to move to dismiss a class claim with the initial responsive pleading. This is a helpful ruling that gives support and some guidance on how to make an early challenge to a flawed class definition.
Read the full October 21, 2024 edition of the AccountsRecovery.net Compliance Digest.
- "Oklahoma District Court Judge Dismisses Class-Action Component of FDCPA Suit" was published by ARM Compliance Digest on October 21, 2024.
Related People
Related Capabilities
Featured Insights

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida




