Too Good A Deal?: Court Eyes Rejecting TCPA Settlement That Only Provides $18.00 Per Class Member

One of the most unexpected parts about running—at least to me—is the large number of folks that visit the website to find information about TCPA class action settlements.

I really did not intend to become a general information source of the public on these settlement but, I guess that’s what I am these days. And as a result I am privy to a good amount of comment-some of them a bit troubling—from consumers who are genuinely confused why they’re getting so little money from these settlements. (As always consumers who are class members and concerned about the amount of their settlement checks should contact the administrator or their counsel for more information—the Czar is a powerful defense lawyer but does not oversee such matters.)

This background probably serves to explain the Court’s hesitance to approve a class action settlement in Teblum v. Physician Compassionate Care Llc, Case No.: 2:19-cv-403-FtM-38MRM, 2021 U.S. Dist. LEXIS 22107 (M.D. Fl.  January 20, 2021). There the Court actually granted preliminary approval to a ~$750k class action settlement but did so with a fairly unusual admonition to the parties that they’d better be able to explain themselves on the mere $18.00 bucks—minus expenses—that class members are slated to receive. This is likely especially true since the Plaintiff’s lawyers (the Hiraldo brothers) will undoubtedly seek (and receive) over $200k on this one.

The Court also noted that the case settlement (suspiciously?) quickly and apparently with limited discovery having been done.

It all adds up—in the Court’s view—to something that requires more review before final approval can be awarded.

We’ll keep an eye on this.


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