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I have said it before. I will say it again. The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action. These guys keep getting smoked. Over and over again. Here is the...more
For anyone wondering what the cost of TCPA class action defense looks like when you retain #biglaw, buckle up because I have a fantastic story for you. A while back a guy named Brian Trenz sued Volkswagen in a TCPA class...more
Well as TCPAWorld.com readers know well the TCPA class actions continue to pour in. Previously we reported TCPA class action filings were up over 100% YoY through March, 2025....more
Suppose that the central issue in a putative class action is a legal issue pending before the Supreme Court. Depending on how the Supreme Court rules, the plaintiffs will recover either nothing or up to $600 million. But...more
On April 19, a Florida court preliminarily approved a $40 million class-action settlement by a privately held major real estate company over claims that it violated the Telephone Consumer Protection Act (TCPA). The complaint...more
Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision...more
On October 15, 2021, Judge William G. Young of the United States District Court for the District of Massachusetts approved a $14 million settlement in a national class action lawsuit against meal-kit delivery service company,...more
Last month, in a split decision, the Eleventh Circuit reversed a district court’s incentive award to the named plaintiff in a class action alleging willful violations of the Telephone Consumer Protection Act. In doing so, it...more
In a split decision, the 11th Circuit rejected a $6,000 incentive award for the named plaintiff in a TCPA class action. According to the majority in Johnson v. NPAS Solutions, LLC, U.S. Supreme Court precedent prohibits such...more
In a split decision, the Eleventh Circuit rejected a $6,000 incentive award for the named plaintiff in a TCPA class action. According to the majority in Johnson v. NPAS Solutions, LLC, U.S. Supreme Court precedent prohibits...more
In a decision that may have far-reaching consequences, a divided panel of the Eleventh Circuit ruled that incentive awards to named plaintiffs—which are routine in TCPA and other class action settlements—are improper. See...more
Seyfarth Synopsis: Incentive awards for class representatives are impermissible, according to a ground-breaking decision last week by the U.S. Court of Appeals for the Eleventh Circuit. Though not an employment case, the...more
It is not atypical for class actions to be brought seeking damages that can be characterized as nominal in nature. An oftentimes powerful incentive for potential class representatives to put their names on a putative class...more
This week, an Eleventh Circuit panel, in a 2-1 decision, reversed the approval of an incentive payment to the named plaintiff, calling the payment an unauthorized bounty. The case involved a Telephone Consumer Protection Act...more
Yes, you read that right. Class action litigation is fueled largely by the availability of often large attorney fee awards. ...more
Real Property Update - Foreclosure / Condition Precedent: Borrower who raises an affirmative defense, such as failure of conditions precedent, bears the burden of proving that affirmative defense even if lender's complaint...more
Real Property Update - HOA / Class Action: It was appropriate for trial court to narrow class to current homeowners as to counts seeking declaratory and injunctive relief, as former homeowners have no interest in relief...more
Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more
One of the biggest problems with the TCPA is how quickly a single call or text message can become the catalyst of a massive, and expensive nationwide class action creating significant exposure to any business caught in its...more
Snowboarding Company Accused of Slapping Biggie Smalls’ Image on Merch - Rapper’s estate challenges with Lanham Act and right of publicity suit - Biggie Won’t Slip - It’s difficult to name a recording artist who has...more
While the saga in Krakauer v. Dish Network, LLC may be far from over, the Plaintiff’s attorneys in that case certainly have something to smile about. Twenty million somethings. In Krakauer v. Dish Network, Case No....more
Seyfarth Synopsis: Professional class settlement objectors can be a thorn-in-the-side for employers and class counsel attempting to settle class actions. ...more
It has been a while since TCPAland has seen a settlement in the three digit range per class member. But this week brought us such a settlement by way of the final approval order entered in Etter v. Allstate Insurance...more
The District Court for the Northern District of California recently granted Plaintiffs’ Motion for Final Approval of a $3.5 Million class settlement in Gergetz v. Telenav, Inc., No. 16-CV-04261-BLF, 2018 WL 4691169 (N.D. Cal....more
Busy Labor Day for me, how are you folks doing? TCPAland’s latest blockbuster settlement came with a lesson to attorneys on the importance of contemporaneous time entries–especially those hoping to recover millions of...more