Fair Debt Collection: 11.11.4.1 Generally
While new defense tactics continually arise, two longstanding and frequent strategies to attempt to derail class actions are: (1) to make offers of settlement or judgment to the class representatives individually prior to certification of the class in the hope of mooting their claim and (2) to file counterclaims. These topics, as well as the less frequent maneuver of seeking a ruling on the merits prior to class certification, are discussed immediately below.
