IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JANICE A. RICHBURG
: CIVIL ACTION
PALISADES COLLECTION LLC,
: NO. 07-7
January 28, 2007
Plaintiff Janice A. Richburg sued defendants Palisades
Collection, LLC, ("Palisades") and Wolpoff & Abramson, LLP,
("Wolpoff") in this putative class action for allegedly filing a
lawsuit against her to collect a consumer credit card debt after
the statute of limitations for such an action had run. Richburg
now moves for class certification, and the defendants move for
summary judgment. We shall resolve these motions in the order
I. Factual Background
Richburg bought a computer from Gateway in the summer
of 2000. Def.'s Mem. Opp. Cert. Ex. C. at 82. In October of
2000, she fell behind on her payments. Id. Ex. C at 109-10.
During a phone conversation between Richburg and a Gateway
representative in January of 2001, she stated that someone had
stolen the computer and she could no longer make her payments on
it because she had been laid off from her job. Id. at 134-36.
Richburg's debt to Gateway went into default on February 3, 2001.
Pl.'s Cert. Mem. Ex. A ¶¶ 10, 11, 24, 25. Gateway assigned this
debt to Palisades, who hired Wolpoff to collect it through legal
1The primary disagreement between the parties concerns
whether Richburg acknowledged that she owed a debt to Palisades
and stated that she would eventually pay that debt back.
Palisades's records also show that Palisades representatives
spoke to Richburg on April 1, 2003. Pl.'s Cert. Reply Ex. B at
161-64. Again, Richburg and the defendants are at odds about
whether a Palisades' representative actually talked with her,
and, if so, what was said.
action. See id. Ex. C.
Throughout 2003 Palisades attempted to contact Richburg
concerning her debt. Def.'s S.J. Mem. Ex. E. On February 27,
2003, a Palisades representative at last successfully contacted
her. Id. There is some dispute as to what exactly happened in