News & Analysis as of

Class Action › Settlement › Debt Collection

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Troutman Amin LLP

TCPA INSURANCE TO THE RESCUE?: Small Debt Collector Walks Away From Class Suit For Under Policy Limits

Troutman Amin LLP on

TCPA insurance used to be very difficult to come by but slowly carriers are starting to write policies to protect companies from TCPA liability. Most of the policies are low limit high deductible affairs– $1MM is the max that...more

Orrick, Herrington & Sutcliffe LLP

National bank to pay $2 million in mortgage fee violation class action

Orrick, Herrington & Sutcliffe LLP on

On December 19, the U.S. District Court for the Central District of California granted final approval of a settlement in a $2 million class action resolving allegations that a national bank violated California’s Rosenthal...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Denies Petition for Rehearing, Permits Split Decision Barring Incentive Awards to Stand

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The Eleventh Circuit recently decided not to rehear en banc a panel decision which held that a TCPA class action settlement could not include an incentive award for the lead plaintiff.  See Johnson v. NPAS Sols., LLC, No....more

Faegre Drinker Biddle & Reath LLP

A Divided Eleventh Circuit Holds that Incentive Awards are Prohibited

Faegre Drinker Biddle & Reath LLP on

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

Carlton Fields

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

Carlton Fields on

The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

Carlton Fields

Expect Focus - Regulators Are Watching: New Products, New Opportunities, New Risks - Volume III, Summer 2014

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In This Issue: - IN THE SPOTLIGHT ..Standard CGL Policy Form Adds Data Breach Coverage Exclusion - LIFE INSURANCE ..Class Claims Against Lincoln National Barred in Section 419 Action – Again ...more

BakerHostetler

Disproportionately Favoring the Named Plaintiffs Kills Settlement, Says Sixth Circuit

BakerHostetler on

The Sixth Circuit recently limited defendants’ ability to craft settlements that disproportionately favor the class representatives. Vassalle v. Midland Funding LLC, — F.3d –, 2013 WL 673517 (6th Cir. Feb. 26, 2013). Though...more

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