Northern District Of Illinois Is Botching TCPA Fax Rule

Authors: David Almeida and Mark Eisen

Published in Law360

In 2006, the Federal Communications Commission enacted the so-called solicited fax rule under the Telephone Consumer Protection Act. This rule required certain byzantine language to appear at the bottom of every single fax advertisement informing recipients how to opt out of receiving future faxes, even if those faxes were requested (i.e., solicited) by the recipients. What is more, violations of this regulation are punishable by between $500 and $1,500 per fax in statutory damages.

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Eight-Figure Class Action Attorney Fee Award Dissolves in the Court of Appeals

Author: Jeremy Gilman (former Partner at Benesch Law)

There’s something uniquely interesting about judicial opinions involving class action attorneys’ fees.  For class counsel, it’s the culmination of years of work.  They researched the claim, brought the case, slogged through discovery, endured motion practice, battled through class certification, lost sleep, sacrificed weekends and holidays, and waited.  If they prevailed on class certification, they high fived each other and pressed forward, preparing for a trial that might never occur, because the case may settle.  And if it does settle, class counsel can get paid for it all. Continue reading “Eight-Figure Class Action Attorney Fee Award Dissolves in the Court of Appeals”

Supreme Court Intensifies Timing Pressure on Federal Securities Claimants

Author: Jeremy Gilman (former Partner at Benesch Law)

It is not uncommon for unnamed class members to opt out of the class when securities class actions veer toward settlement.  They might deem the proposed settlement inadequate, and would prefer at that point to go it alone, perhaps believing they can elicit a better deal.  Continue reading “Supreme Court Intensifies Timing Pressure on Federal Securities Claimants”

Supreme Court Tightens Personal Jurisdiction Requirements

Author: Jeremy Gilman (former Partner at Benesch Law)

Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, 582 U.S. ____ (2017), case no. 16-466. Continue reading “Supreme Court Tightens Personal Jurisdiction Requirements”

The Case Goes On, For Now: Seventh Circuit Holds Rule 67 Cannot Moot TCPA Class Action

By: David S. Almeida and Mark S. Eisen

In January 2016, the Supreme Court issued its Campbell-Ewald v. Gomez decision and definitely ruled that Federal Rule of Civil Procedure 68 could not be used to moot the claims of a named plaintiff.  Prior to that ruling, courts across the country were split as to whether a defendant could make a complete offer of judgment pursuant to Rule 68—offering to pay all, and sometimes more than, the relief a plaintiff would be entitled to if they won at trial—and thus deprive the plaintiff of standing to continue litigating the case.  In other words, courts were split as to whether a plaintiff could keep litigating after they had already won (following an “unconditional surrender” by the defendant). Continue reading “The Case Goes On, For Now: Seventh Circuit Holds Rule 67 Cannot Moot TCPA Class Action”

Supreme Court Swats Down the “Voluntary-Dismissal Tactic”

Author: Jeremy Gilman (former Partner at Benesch Law)

Let’s say you’re a plaintiff in a federal action and you’re seeking class certification.  The district court denies your motion.  You then seek the court of appeals’ permission to appeal that interlocutory order under Rule 23(f) of the Federal Rules of Civil Procedure, but that court says no.  What to do? Continue reading “Supreme Court Swats Down the “Voluntary-Dismissal Tactic””

The Stealthy Traffic Camera and the Class Action That Wasn’t

Author: Jeremy Gilman (former Partner at Benesch Law)

Mobile speed units.  Those mindless menaces squinting at everything that rolls down the road.  Most drivers approach them with caution, but others, either oblivious to their presence or bent on one-upping the machine, speed by, only to have their stomachs sink when a ticket arrives in the mail. Continue reading “The Stealthy Traffic Camera and the Class Action That Wasn’t”