Heaven v. Trust Company Bank

18 F.3d 735 (11th Cir. 1997)

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Nature of the Case

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Facts

Heaven (P) leased a Ford Taurus from Sun Trust (D) by signing a pre-printed lease form. P sued D because she alleged that D failed to comply with the strict disclosure requirements of 15 U.S.C. Section 1667-67e and Regulation M. P sued for the statutory penalty and fees but alleged no actual damages. P then sought to certify the class pursuant to FRCP 23(a) where the class is so numerous that joinder is impracticable, common questions of law and fact are present, the claims and defenses of the representatives are typical and the representatives fairly and adequately represent the interests of the class and (b)(3) where common questions of law or fact predominate, the class action form of litigation would be superior to other approaches, pertinent findings include the interest of members of the class in individually controlling prosecution of separate actions, extent litigation has already been commenced, there is a desirability of concentrating litigation, and there are difficulties in managing the class. D counterclaimed that individual class members had defaulted on the terms of their leases or made false statements in their lease applications. The district court denied certification. P appealed.