Jason Stiehl
What’s On the Supreme Court’s Wish List? Stricter Scrutiny of Cy Pres Remedies in Class Action Settlements
Apparently, Chief Justice Roberts has added to the United States Supreme Court’s wish list: a case that would allow the Court to address the “fundamental concerns” surrounding the use of cy pres remedies in class action settlements.
What is Cy Pres?
A cy pres remedy provides indirect benefits to class members (usually through defendant donations…
Insurance Companies Must Cover $6 Million TCPA Settlement Under Theory of Invasion of Privacy
As some of you may recall, we reported in our sister blog last May on the Illinois Supreme Court’s decision in Standard Mutual Ins. Co. v. Lay, 2013 IL 114617, holding that statutory damages under the Telephone Consumer Protection Act (“TCPA”) are not punitive, but remedial. On Friday, we saw one of the first aftershocks…
Upcoming Webinar: The Telephone Consumer Protection Act: Why You Should Care and What You Can Do
On Thursday, November 14, 2013 at 12:00 p.m. Central, Chicago Seyfarth attorneys Jason Stiehl and Jordan Vick will present a Consumer Class Action Defense webinar, focusing on recent changes and decisions related to the Telephone Consumer Protection Act, or “TCPA”. The topics they will cover include:
- An overview of the Telephone Consumer Protection Act
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In A&L Industries, New Jersey Federal Court Certifies Class, Declining to Follow State Court Opinion that Telephone Consumer Protection Act Suits are Categorically Inapproprirate for Certification
In a decision handed down this week, a federal court in New Jersey did little to stem the tide of litigation under the Telephone Consumer Protection Act (“TCPA”). Declining to follow New Jersey state court precedent, the district court held that claims based on the faxing of identical commercial advertisements met the requirements of Rule…
Whether Rule 68 Can Be Used to Moot a Putative Class Action Remains an Open Question in the Second Circuit
The Circuits are split as to what effect an offer of judgment directed to a named plaintiff has on a putative class action. The Seventh Circuit has taken a rigid view, holding that an unaccepted offer of judgment affording full relief to the named plaintiff renders a putative class action moot — unless there is…
The Missouri Supreme Court Affirms Decision Requiring Insurance Indemnification Beyond Coverage in Telephone Consumer Protection Act Litigation
A threshold– and critical– determination in the defense of litigation brought pursuant to the Telephone Consumer Protection Act, 47 U.S.C. Sec. 227 et seq. (“TCPA” or “Act”) is whether an insurance policy provides coverage of the allegations set forth in the Complaint. In a recent decision by the Missouri Supreme Court in Columbia Casualty Company…
Acknowledging Circuit Split, District Court Holds That Offer Of Judgment Does Not Moot TCPA Class Claims
On July 15, 2013, Judge David O. Carter of the U.S. District Court for the Central District of California entered an opinion in Craftwood II, Inc. v. Tomy International, Inc., No. SA CV 12-1710 (C.D. Cal.), denying defendant’s motion for summary judgment and rejecting defendant’s argument that its offer of judgment mooted plaintiff’s claims.…
Northern District of California Approves $6 Million TCPA Text Settlement between Consumers and Google
Adding to the growing list of Defendants forced into large settlements under the Telephone Consumer Protection Act (“TCPA”), the Northern District of California approved a $6 million common fund class settlement, inclusive of a 25%, or $1.5 million, attorneys’ fees allocation.
Factual Background
On May 27, 2011, two individuals filed a class action lawsuit against…
Brown v. DirecTV LLC: Court Orders Arbitration of TCPA claim
On June 26, 2013, in Brown v. DirecTV, LLC, et al., Case No. 2:12-cv-08382, Judge Gee, sitting in the Central District of California, granted DirecTV’s motion to compel arbitration, rejecting two efforts by the Plaintiff to keep the matter in federal court: (1) that TCPA claims did not “arise under or relate…