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Blair v. Equifax Check Services, Inc.

United States Court of Appeals for the Seventh Circuit

181 F.3d 832 (7th Cir. 1999)

Relevant factsFree

Equifax Check Services, Inc. (defendant) refused to verify future checks for customers who had written dishonored checks unless the old debt was paid, notifying them by letter. Beverly Blair (plaintiff) and another shopper sued under the Fair Debt Collection Practices Act on behalf of a class who received the letter (the Blair class). A separate, larger class action against Equifax (the Crawford class) settled on terms that would bar further class claims on the same subject. Equifax asked the trial court to decertify the Blair class based on that settlement; the court refused, and Equifax appealed under the newly adopted Rule 23(f).

IssueFree

Whether Federal Rule of Civil Procedure 23(f) permits a court of appeals to accept an appeal from a district court's grant or denial of class certification if application is made within ten days of the order.

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