United States Court of Appeals
For the Seventh Circuit
LVNV FUNDING, LLC, et al.,
Petition for Leave to Appeal from an Order of the United States District
Court for the Northern District of Illinois, Eastern Division.
No. 12 C 1410 — Jorge Alonso, Judge.
SUBMITTED SEPTEMBER 9, 2015 — DECIDED DECEMBER 8, 2015
Before WOOD, Chief Judge, and FLAUM and SYKES, Circuit
WOOD, Chief Judge. Scott McMahon, the plaintiff in this
putative class action arising under the Fair Debt Collection
Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., sought to certify
a class of persons in Illinois who had received misleading
dunning letters from defendant LVNV Funding, LLC.
(There are other defendants, but for simplicity we refer to
them collectively as LVNV.) After the district court declined
to certify the class, McMahon petitioned this court under
Federal Rule of Civil Procedure 23(f) for permission to appeal
that decision. We grant McMahon’s petition and proceed
to the merits, because the parties’ comprehensive submissions—
together with the record in the district court—
suffice to decide this limited question. We conclude that the
district court’s decision to deny class certification was erroneous
and thus that the case must be sent back to the district
court for further proceedings on the class allegations.
See Pella Corp. v. Saltzman, 606 F.3d 391, 393 (7th Cir. 2010);
Allen v. Int’l Truck & Engine Corp., 358 F.3d 469, 470 (7th Cir.
2004); see also Johnson v. Pushpin Holdings, LLC, 748 F.3d 769,
771 (7th Cir. 2014).