Tina M. Ubaldi, on behalf of herself and all others similarly situated v. SLM Corporation, Sallie Mae Inc., SLM PC Student Loan Trust 2004-A
Published: Apr. 12, 2014 | Result Date: Mar. 24, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:11-cv-01320-EDL Bench Decision – Class Certification Denied
Court
USDC Northern
Attorneys
Plaintiff
Michael D. Braun
(Braun Law Group PC)
Wyatt A. Lison
(Feinstein, Doyle, Payne & Kravec, LLC)
Maureen Davidson-Welling
(Stember, Cohn & Davidson-Welling LLC)
Joseph N. Kravec Jr.
(Feinstein, Doyle, Payne & Kravec LLC)
Janet L. Spielberg
(Law Office of Janet L. Spielberg)
Defendant
Julia B. Strickland
(Steptoe LLP)
David W. Moon
(Stroock & Stroock & Lavan LLP)
Lisa M. Simonetti
(Vedder Price PC)
Facts
Tina Ubaldi and Chanee Thurston filed a class action against SLM Corp., Sallie Mae Inc., and SLM PC Student Loan Trust 2004-A.
Contentions
PLAINTIFF'S CONTENTIONS:
Ubaldi argued that defendants used unenforceable choice of law provisions in their student loan promissory notes, imposed improper later charges, and charged usurious interest. Plaintiffs took out private education loans, which were serviced by Sallie Mae. They claimed that defendants used deceptive practices to make it unclear who the de facto lender for these loans was, and then used further deceptive practices to take advantage of borrowers
DEFENDANT'S CONTENTIONS:
Defendants opposed class certification, arguing that the class was unascertainable and that common issues did not predominate.
Result
The court agreed with defendants and denied class certification without prejudice.
Other Information
FILING DATE: March 18, 2011.
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