BECK v. MAXIMUS, INC.

No. 05-3530.

457 F.3d 291 (2006)

Donna M. BECK, on Behalf of Herself and All Others Similarly Situated v. MAXIMUS, INC., Appellant.

United States Court of Appeals, Third Circuit.

Filed August 4, 2006.


Attorney(s) appearing for the Case

James A. Keller, (Argued), James F. Kilcur, Saul Ewing LLP, Philadelphia, Pennsylvania, for Appellant.

James A. Francis, (Argued), Francis & Mailman, P.C., Philadelphia, Pennsylvania, David A. Searles, Donovan Searles, LLC, Philadelphia, Pennsylvania, for Appellee.

Before SCIRICA, Chief Judge, NYGAARD and ALARCÓN, Circuit Judges.


SCIRICA, Chief Judge.

In this consumer class action against a debt collector, the issue on appeal is whether the District Court erred in certifying a class when defendant asserted a defense unique to the claims of the class representative. We will vacate and remand.

I.

Maximus, Inc. has a contract with the U.S. Department of Education to collect overdue student loans. Between May 20, 2003, and May 20, 2004, Maximus sent a form collection letter entitled...

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