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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

HENRY ESPEJO, individually and on behalf 

of all others similarly situated, 

Plaintiff,

v.

SANTANDER CONSUMER USA, INC., an 

Illinois corporation,

Defendant.

______________________________________

Case No.: 1:11-cv-08987

Honorable Charles P. Kocoras

Magistrate Judge Sidney I. Schenkier

FAYE LEVINS, individually and on behalf of 

all others similarly situated, 

Plaintiff,

v.

SANTANDER CONSUMER USA, INC., an 

Illinois corporation,

Defendant.

Case No.: 1:12-cv-09431

Honorable Charles P. Kocoras

Magistrate Judge Sidney I. Schenkier

PLAINTIFF LEVINS’S MOTION FOR CLASS CERTIFICATION

 Plaintiff Faye Levins (“Plaintiff”), individually and on behalf of a class and subclass of 

other similarly situated individuals, through her undersigned counsel, respectfully moves the 

Court to enter an Order certifying this case as a class action pursuant to Federal Rule of Civil 

Procedure 23(b)(3). In support of her motion, Plaintiff states as follows: 

1. On June 26, 2012, Plaintiff filed an Amended Nationwide Class Action 

Complaint against Defendant Santander Consumer USA, Inc. in the Northern District of 

Alabama (the “Alabama Action”). See Bonner et al. v. Santander Consumer USA, Inc., Case No. 

12-cv-2183, Dkt. 4 (N.D. Ala. June 26, 2016). 
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2. On November 5, 2012 the Alabama Action was transferred to the Northern 

District of Illinois, (Dkt. 33), reassigned to the Honorable Charles P. Kocoras, (Dkt. 36), and 

deemed related to another class action pending before this Court, Espejo v. Santander Consumer 

USA, Inc., No. 11-cv-8987, (id.). 

3. This Court subsequently set April 21, 2016 as the deadline for Plaintiff to file her 

Motion for Class Certification. (Dkt. 89.) 

4. Accordingly, Plaintiff now hereby moves the Court, pursuant to Fed. R. Civ. P. 

23(b)(3), to certify the following Class and Subclass: 

TCPA Class: All individuals called by Santander or on its behalf, using the Aspect dialer 

system between December 19, 2007 and the present, on a cellular telephone number to 

which the individual was the subscriber, and which was not (a) listed in any application 

for credit or financing submitted to Santander or any of its originating creditors, (b) 

otherwise volunteered by the individual directly to Santander orally or in writing prior to 

the time of Santander’s first call to that number, as reflected in Santander’s records, or (c) 

verified prior to being called for the first time by Santander, as reflected in Santander’s 

records. 

Number Trapping Subclass: All members of the TCPA Class called by Santander or on 

its behalf, on a cellular telephone number that Santander captured through calls made to 

its IVR system (as indicated by its identification in Santander’s records with the notation 

‘IVR’ followed by an Arabic numeral (e.g., IVR1, IVR2, etc.)).1

5. As shown in Plaintiff’s contemporaneously filed Memorandum in Support of her 

Motion for Class Certification, the Class and Subclass are sufficiently numerous, face common 

legal and factual issues, have claims that are typical of the Plaintiff’s, and are adequately 

 

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 Excluded from the Class and Subclass are (1) any Judge or Magistrate presiding over this 

action and any members of their families; (2) Defendant; Defendant’s subsidiaries, parents, 

successors, and predecessors; and any entity in which Defendant or its parents have a controlling 

interest, and its current or former employees, officers, and directors; (3) persons who properly 

execute and file a timely request for exclusion from the Classes; (4) persons whose claims in this 

matter have been finally adjudicated on the merits or otherwise released; (5) Plaintiffs’ counsel 

and Defendant’s counsel; (6) all individuals who executed a financing application or agreement 

containing an arbitration clause with Santander or any of its originating creditors; (7) any 

individuals who provided Santander with releases or waivers of their TCPA claims; (8) any 

individuals who have filed any lawsuit or arbitration against Santander asserting a TCPA claim, 

and (9) the legal representatives, successors, and assigns of any such excluded persons. 
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represented by both Plaintiff and her counsel. Further, the common questions of law and fact 

predominate over any questions affecting only individual Class or Subclass members and the 

class action mechanism is superior to other available methods for fairly and efficiently 

adjudicating the controversy. As such, the Class and Subclass are readily certifiable under Rule 

23(b)(3). 

6. In support of the instant Motion, Plaintiff hereby incorporates her 

contemporaneously filed Memorandum in Support of her Motion for Class Certification, along 

with all arguments made and authorities cited therein, the Declaration of Jay Edelson in Support 

of Plaintiff’s Motion for Class Certification, and the exhibits thereto. 

WHEREFORE, Plaintiff Faye Levins respectfully requests that the Court enter an Order 

(a) granting her Motion for Class Certification, (b) certifying the Class and Subclass identified 

above pursuant to Federal Rule of Civil Procedure 23(b)(3), (c) appointing Plaintiff as 

representative of the Class and Subclass, (d) appointing Plaintiff’s counsel, Jay Edelson, Rafey 

S. Balabanian, Benjamin H. Richman, and J. Dominick Larry, as Class Counsel pursuant to Fed. 

R. Civ. P. 23(g), and (e) awarding such additional and further relief as this Court deems 

necessary and appropriate. 

Respectfully submitted, 

FAYE LEVINS, individually and on behalf of all 

others similarly situated, 

Dated: April 21, 2016 By: s/ Rafey S. Balabanian 

One of Plaintiff’s Attorneys
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Jay Edelson 

jedelson@edelson.com 

Benjamin H. Richman 

brichman@edelson.com 

J. Dominick Larry 

nlarry@edelson.com 

EDELSON PC

350 North LaSalle Street, 13th Floor 

Chicago, Illinois 60654 

Tel: 312.589.6370 

Fax: 312.589.6378 

Rafey S. Balabanian 

rbalabanian@edelson.com 

EDELSON PC

329 Bryant Street, Suite 2C 

San Francisco, California 94107 

Tel: 415.234.5342 

Fax: 415.373.9435 
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CERTIFICATE OF SERVICE

 I hereby certify that on April 21, 2016, I served the above and foregoing by causing a true 

and accurate copy of such paper to be filed and transmitted to all counsel of record via the 

Court’s CM/ECF electronic filing system.

 s/ Rafey S. Balabanian