By Jennifer A. Riley and Michael L. DeMarino
Seyfarth Synopsis: The ABA’s “anti-contact” rule prohibits attorneys from communicating with represented parties concerning the subject matter of the case. In Moore, et al., v. Club Exploria, LLC, No. 19-CV-2504, 2021 WL 260227 (N.D. Ill. Jan. 26, 2021), the court sanctioned defense counsel for calling plaintiff’ s cell number as part
Continue Reading Primer On The Line Between Proper And Improper Communications With Parties In A Class Action
By Gerald L. Maatman, Jr. and Jennifer A. Riley
Seyfarth Synopsis: While many businesses hoped that the U.S. Supreme Court would blow up the ban on autodialed calls in the Telephone Consumer Protection Act (“TCPA”), on July 6, 2020, the nation’s highest court issued its long-anticipated decision in Barr v. American Association of Political Consultants, Inc., No. 19-631 (July 6,
Continue Reading The U.S. Supreme Court Broadens The TCPA Class Action Trap For Unwary Businesses
By Gerald L. Maatman, Jr., Andrew D. Welker, and Alex S. Oxyer
Seyfarth Synopsis: Every year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report.” The Report focuses on litigation issues in state court systems and challenges for corporate defendants in the fair and unbiased administration of justice. The ATRA’s 2019-2020 Report was recently published; find a
Continue Reading The 2019-2020 Judicial Hellholes Report On The Worst Jurisdictions For Defendants
By Seth Fortin, Esther Slater McDonald, and Jennifer A. Riley
Seyfarth Synopsis: On May 30, 2019, the Fourth Circuit issued an opinion in Krakauer v. Dish Network, L.L.C., No. 18-1518 (4th Cir. May 30, 2019), that paved the way for TCPA plaintiffs to collect historic awards from unsuspecting defendants. The Fourth Circuit held that TCPA plaintiffs need not
Continue Reading Fourth Circuit Affirms $61 Million Treble Damages Award in TCPA Class Action Against Marketing Agency’s Customer
By Gerald L. Maatman, Jr., Jennifer A. Riley, and Thomas E. Ahlering
Seyfarth Synopsis: In what is being billed as the “largest and strongest TCPA settlement in history,” Judge Kennelly of the U.S. District Court for the Northern District of Illinois recently granted Plaintiffs’ counsel a minimum of $15.26 million in attorneys’ fees. However, the Court refused to depart
Continue Reading Plaintiffs’ Counsel Garner $15 Million Attorneys’ Fee Award For Largest TCPA Settlement In History
By Gerald L. Maatman, Jr., Thomas E. Ahlering, and Alex W. Karasik
Seyfarth Synopsis: In a first-of-its kind ruling, an employer recently secured the dismissal with prejudice of what is believed to be one of the first Telephone Consumer Protection Act class actions ever brought against a company while acting as an employer – specifically in this instance,
Continue Reading Employer Defeats Novel TCPA Class Action
Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to defend high-stakes litigation. Rulings by the Supreme Court in 2016 were no exception.
Is The Supreme Court Pro-Worker Or Pro-Employer?
Over the past decade,
Continue Reading The U.S. Supreme Court And Workplace Class Actions
By Christopher M. Cascino and Jennifer A. Riley
In In Re Capital One Telephone Consumer Protection Act Litigation, Case No. 12-CV-10064, 2015 WL 605203 (N.D. Ill. Feb. 12, 2015), Judge James Holderman of the U.S. District Court for the Northern District of Illinois recently approved an unprecedented $75,455,099 settlement for 1,378,534 class members in a Telephone Consumer Protection Act
Continue Reading Unclear TCPA Regulations Lead To Windfall For Class Action Plaintiffs’ Counsel
By Jennifer A. Riley, Jason P. Stiehl, and Jordan P. Vick
Diverging with other states, the Illinois Supreme Court recently ruled that statutory damages of $500 per violation under the Telephone Consumer Protection Act (“TCPA”) are not punitive in nature but remedial and, therefore, are insurable. See Std. Mut. Ins. Co. v. Lay, 2013 IL 114617 (Ill.
Continue Reading Illinois Supreme Court Rules That TCPA Damages Are Remedial, Not Punitive