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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In a Scorching Opinion, Sixth Circuit Refuses to Undo Class Action Settlement

Author: Jeremy Gilman (former Partner at Benesch Law)

Sometimes, appellate decisions are written in a purely clinical voice.  Other times, they’re infused with a dash of hot sauce.

Plaintiffs, who worked for defendants’ “Fourth Street Live” entertainment district in downtown Louisville, brought a putative class action against defendants in the Western District of Kentucky alleging violations of the Kentucky Wage and Hour Act relating to “their policies regarding off-the-clock work and mandatory tip-pooling.”  The court granted plaintiffs’ class certification motion.  Defendants then sought interlocutory appellate review but that was denied, as was their motion to reconsider.  Settlement discussions ensued, and the parties eventually reached agreement on the financial aspects.  It took them nearly another year, however, to agree on the non-monetary terms.  When that occurred, the parties filed a joint status report advising the court that they’d settled and that formal settlement documents would soon follow. Continue reading “In a Scorching Opinion, Sixth Circuit Refuses to Undo Class Action Settlement”