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Attorney's Fees Telephone Consumer Protection Act

Carlton Fields

11th Circuit: Another GoDaddy TCPA Class Settlement Is a No-Go

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In the latest decision in a long-running saga in Drazen v. Pinto, the Eleventh Circuit Court of Appeals tackled several issues regarding a proposed class settlement agreement....more

Robinson+Cole Class Actions Insider

Eleventh Circuit Provides New Guidance on Class Action Settlements

Suppose that the central issue in a putative class action is a legal issue pending before the Supreme Court. Depending on how the Supreme Court rules, the plaintiffs will recover either nothing or up to $600 million. But...more

Womble Bond Dickinson

TCPA Violations Lead to $40 Million Settlement for Real Estate Company

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On April 19, a Florida court preliminarily approved a $40 million class-action settlement by a privately held major real estate company over claims that it violated the Telephone Consumer Protection Act (TCPA). The complaint...more

Foley & Lardner LLP

Please Remain Standing: 11th Circuit Rejects $35 Million GoDaddy Settlement Due to Absent Class Members Lack of Standing

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Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision...more

Goodwin

District Court Approves $14 Million Settlement Against HelloFresh in TCPA Class Action

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On October 15, 2021, Judge William G. Young of the United States District Court for the District of Massachusetts approved a $14 million settlement in a national class action lawsuit against meal-kit delivery service company,...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 2, Issue 12

TCPA CLASS COUNSEL LOSES MILLIONS: $60MM+ Class Recovery Looks to be Down the Tubes as Eleventh Circuit Finds No Insurance Coverage for TCPA Suit - "The policy at issue has an exclusion for claims 'arising out of'...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 23, 2021

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Real Property Update - Condo / Attorneys’ Fees: Condominium association that lost on counterclaim against developer was prevailing party on significant issues in litigation by prevailing on developer’s claims and was...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending December 25, 2020

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Financial Services Update - FDCPA / Attorneys' Fees: Although FCCPA was the only statutory basis for award of attorneys' fees in defendant's favor, plaintiff's FDCPA claims related to the same set of operative facts and...more

McGlinchey Stafford

Florida Real Property And Business Litigation Report, Volume 13, Issue 49

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Lucoff v. Navient Solutions, LLC, Case No. 19-13482 (11th Cir. 2020). A person who consents online to be contacted regarding past due debts (even though he earlier advised the company he did not wish to be contacted) has, as...more

Proskauer - Advertising Law

Split Eleventh Circuit Panel Eliminates Incentive Awards for Class Representatives

Last month, in a split decision, the Eleventh Circuit reversed a district court’s incentive award to the named plaintiff in a class action alleging willful violations of the Telephone Consumer Protection Act. In doing so, it...more

Ballard Spahr LLP

11th Circuit Eliminates Incentive Awards for Class Action Plaintiffs

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In a split decision, the 11th Circuit rejected a $6,000 incentive award for the named plaintiff in a TCPA class action. According to the majority in Johnson v. NPAS Solutions, LLC, U.S. Supreme Court precedent prohibits such...more

Ballard Spahr LLP

Eleventh Circuit Eliminates Incentive Awards for Class Action Plaintiffs

Ballard Spahr LLP on

In a split decision, the Eleventh Circuit rejected a $6,000 incentive award for the named plaintiff in a TCPA class action. According to the majority in Johnson v. NPAS Solutions, LLC, U.S. Supreme Court precedent prohibits...more

Faegre Drinker Biddle & Reath LLP

A Divided Eleventh Circuit Holds that Incentive Awards are Prohibited

In a decision that may have far-reaching consequences, a divided panel of the Eleventh Circuit ruled that incentive awards to named plaintiffs—which are routine in TCPA and other class action settlements—are improper. See...more

Seyfarth Shaw LLP

The Eleventh Circuit Deals A Significant Blow To Class Action Suits By Eliminating Incentive Awards For Plaintiffs

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Seyfarth Synopsis: Incentive awards for class representatives are impermissible, according to a ground-breaking decision last week by the U.S. Court of Appeals for the Eleventh Circuit. Though not an employment case, the...more

Seyfarth Shaw LLP

Eleventh Circuit Ends “Routine” Practice of Awarding Incentive Payments to Named Class Representatives

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It is not atypical for class actions to be brought seeking damages that can be characterized as nominal in nature. An oftentimes powerful incentive for potential class representatives to put their names on a putative class...more

Foley & Lardner LLP

Divided Eleventh Circuit Panel Bars Incentive Awards for Class Representatives in Class Action Settlements

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While not authorized by Rule 23, incentive awards to class representatives are a common feature of class action settlements. Nevertheless, a divided Eleventh Circuit panel ruled last Thursday that such payments are strictly...more

Carlton Fields

An Unauthorized Bounty: Eleventh Circuit Strikes Named Plaintiff Incentive Payment

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This week, an Eleventh Circuit panel, in a 2-1 decision, reversed the approval of an incentive payment to the named plaintiff, calling the payment an unauthorized bounty. The case involved a Telephone Consumer Protection Act...more

BakerHostetler

Eleventh Circuit Invalidates Class Action Individual Incentive Awards

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Yes, you read that right. Class action litigation is fueled largely by the availability of often large attorney fee awards. ...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 26, 2020

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Real Property Update - Foreclosure / Condition Precedent: Borrower who raises an affirmative defense, such as failure of conditions precedent, bears the burden of proving that affirmative defense even if lender's complaint...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 15, 2020

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Real Property Update - Attorneys' Fees / Construction Lien: Applying the plain and unambiguous language of Florida Statutes section 713.29, the court found that junior interest holders are not entitled to attorneys' fees...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 21, 2020

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Real Property Update - HOA / Class Action: It was appropriate for trial court to narrow class to current homeowners as to counts seeking declaratory and injunctive relief, as former homeowners have no interest in relief...more

Hinshaw & Culbertson LLP

Consumer Law Hinsights – February 2020

Seventh and Eleventh Circuits Scale Back Scope of TCPA in Narrow Reading of ATDS - The Seventh and Eleventh Circuits provided grammar lessons and eliminated the least incorrect options to evaluate what constitutes an...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

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Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Womble Bond Dickinson

Ruling Denying TCPA Class Certification Highlights What’s Wrong with the System

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One of the biggest problems with the TCPA is how quickly a single call or text message can become the catalyst of a massive, and expensive nationwide class action creating significant exposure to any business caught in its...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending September 27, 2019

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Real Property Update - Construction Lien: a delinquency charge of 1.5 percent found in materialman's contract with general contractor is not a finance charge recoverable under the materialman lien statute, Florida Statutes...more

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