Consumer Class Actions

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Colbert v. Dymacol, Inc.

305 F.3d 1256 (3d Cir. 2002)(appeal vacated and dismissed, March 10, 2003)

Donovan Searles LLC co-counseled this class action involving over 186,000 Pennsylvania consumers under the Fair Debt Collection Practices Act. The case involved cutting edge issues involving the intersection of Rule 68 offer of judgments and Rule 23 class actions. The case was argued twice before the Court of Appeals for the Third Circuit, once before a panel of three judges and subsequently on rehearing en banc before all thirteen judges of the Court. Following a successful remand of the case to the district court, plaintiff eventually reached a settlement that resulted in a payment to the class members in the maximum amount they would have won had the case gone to trial.

Complaint: Dymacol