On Friday, December 13th, a Brooklyn federal judge approved a $7.25 billion settlement of an eight-year-old antitrust class action brought against Visa and MasterCard for an alleged conspiracy to fix credit card swipe fees. In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, No. 05-MD-1720 (JG)(JO) (E.D.N.Y. Dec. 13, 2013, R. 6124).
Settlements
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…
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…
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…