#BIGLAW = BIG SETTLEMENTS?: A Pair of Massive New $20MM+ Settlements Highlight the Dangers of the TCPA– And Choosing the Wrong Counsel

Its a familiar script.

Company hires big law firm who claims to know how to defend TCPA class actions. Typically these guys have handled only a fraction of the TCPA suits the Czar has but the relationship partner “cross-sells” the client and convinces them to use the firm.

Inevitably the case doesn’t go the way it was supposed to. Of course, in the meantime the #biglaw firm has billed hundreds of thousands (millions?) in fees.

Eventually the #biglaw firm understands the Plaintiff’s sharks have outmaneuvered them and counsels their client that a $20MM+ settlement is necessary.

Hahahahahahaha.

Preposterous.

I’ve represented some of the biggest companies in America in TCPA class actions dating back to 2008.

Never once has one of the cases I defended settled for that much.

Indeed, since starting Troutman Amin, LLP we haven’t settled a single case in the seven figures– much less in the eight figures.

Just preposterous.

Now that isn’t to say these cases don’t involve risk and that settlements–including class action settlements– aren’t sometimes in a client’s best interest. They are. For sure.

And even though we LOVE to fight (I mean, just read this blog and that’s crystal clear) we will definitely advise settlement where it is in the client’s best interest.

But you’re never seen us litigate a case for years, get beat, and then ask the client to write a $20mm check to clean up the mess. No way.

And, of course, we can’t guarantee any outcomes in litigation and I can’t promise you or anyone else we will definitely win your case. But there are PLAINLY reasons so many companies dump #biglaw and hire Troutman Amin, LLP.

Here are two of them.

First, REALOGY HOLDINGS CORP (the folks behind Coldwell Banker) just sought approval of a deal to spend $20MM to settle a TCPA class action this week. This followed their being defeated on class certification and about five and a half years of litigation with #biglaw.

MORE BAD TCPA NEWS: Major Brokerage Loses Summary Judgment in CERTIFIED TCPA Suit–Must Face Trial on Whether Company Liable for Calls By Independent Coldwell Banker Real Estate Agents

This case was so messy Realogy rebranded in the middle of it to change its name to Anywhere. Maybe that’s a coincidence. But I doubt it. You can read the settlement agreement here: Realogy TCPA Class Settlement Agreement

Second, final approval was just granted to the $29.5MM TCPA class action settlement in the Head v. Citibank case. Once again, #biglaw involved. Another loss at certification and years of money down the drain.

OH NO!: Major Bank Facing MASSIVE Exposure After Suffering One of the Largest TCPA Certification Setbacks EVER

Apparently this settlement was so big claiming class members received over $1,500.00 each. My goodness. You can read the approval order here: Citi Final Order

I thought about naming the firms involved in these cases but really there’s no reason to do so. All these #biglaw shops are mostly all the same in my view. Decent lawyers that don’t know much about the TCPA but are under SO MUCH PRESSURE TO SELL their clients to use their partners to handle these cases to make profit for the firm. And then bad things happen.

Very unfortunate. Really wrong in my view.

Always wonder why state bar officials don’t step in and shut down #biglaw given how unethical the practice is (you can’t tell me it’s not a conflict of interest when a lawyer has to recommend using one of his under-experienced partners to handle a TCPA class action when they KNOW there are better counsel out there.) Just sad.

I guess I should note not all #biglaw firms are the same. I would list Squire Patton Boggs and Skadden as #biglaw firms who ACTUALLY know their stuff in the TCPA. Probably others but they don’t come to mind.

All of this is just my opinion of course. And I suppose I may have some bias here myself. But I am also right.

Bottom line: two more massive TCPA class action settlements. And we haven’t even gotten to the rough patch yet.

Take this stuff seriously folks.

And hire good counsel. 😉

Much love (even for you #biglaw). Chat soon.