In July of 2021, Union Savings Bank (“USB”) sent a loan-payoff statement to Mychael Spencer, which Spencer paid leading USB to release its note and mortgage associated with Spencer’s property.  In what USB referred to as an inadvertent error, the payoff statement that USB had sent to Spencer had not included $5,872.50 in payments that had previously been deferred due to the Covid-19 pandemic.  USB filed a small-claims action seeking to recover the funds.  Spencer filed a counterclaim alleging that USB had engaged in deceptive practices and requested that the case be certified as a class action.  The trial court granted Spencer’s request for class certification.  The trial court subsequently denied USB’s motion to reconsider and certified the case for interlocutory appeal.

USB argues on appeal that the trial court abused its discretion in denying its motion to reconsider because the class members lacked standing to sue.  Spencer, on behalf of the class, argues that the trial court properly determined that they did have standing to sue.  Both parties rely on the Indiana Supreme Court’s decision in Hoosier Contractors, LLC v. Gardner, 212 N.E.3d 1234 (Ind. 2023) in support of their respective positions. 

The scheduled panelists are Judge Crone, Judge Bradford, and Judge Tavitas.