Class action – TCPAWorld

As a well-known fact and sad reality in the TCPAWorld, the outcome of a TCPA action depends largely on where the suit is taking place. By now, the TCPAWorld residents…

Class Actions

Seeking Court’s Approval of Class Settlement? Try Again!

12 Dec 2019

After an initial failure to obtain court’s preliminary approval of class settlement in a total sum of six million dollars, the parties filed another motion seeking approval of settlement in…

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Magistrate Judge Reinhart Flattens Attempts to Broaden Discovery

9 Dec 2019

In Grigorian v. Tixe Realty Servs., Case No: 19-81106-CIV-ROSENBERG/REINHART, 2019 U.S. Dist. LEXIS 206451 *; 2019 WL 63071911, Magistrate Judge Reinhart shut down Plaintiff's requested reconsideration of an earlier ruling…

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First to File Class Action, Not Enough to be Heard First

5 Dec 201920 Feb 2020

Early bird did not get the worm in Pena v. Heath, Case No. 1:18-cv-24407-UU, 2019 U.S. Dist. LEXIS 206006. Two rival TCPA class action Plaintiffs (and Plaintiff firms) jostled at…

Class Actions

Class Members Thought They Would Get $900, but End Up With $22

15 Nov 201919 Dec 2019

Imagine expecting to receive a $900.00 settlement payday only to walk away with a check for 22 bucks! That’s what happened in Charvat v. Valente, No. 12-cv-05746, 2019 U.S. Dist.…

Class Actions

Class Certification in TCPA Action Denied Because Class Representative was in a Class of Her Own

7 May 20198 May 2019

You can pick your friends, you can pick your nose, and as the Southern District of Florida recently demonstrated, you most definitely can pick your plaintiff. In two recent orders…

Class Actions

Out of the Frying Pan: Plaintiff’s Certification Bid Goes from Bad to Worse When Reconsideration Papers Only Highlight More Sound Reasons to Deny Certification

4 Mar 20197 Mar 2019

Sometimes the best motion is the one you don’t file. One putative TCPA class representative found that lesson out the hard way. In Powell v. Youfit Health Clubs LLC, Case…

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Tag: Class action

TCPA Plaintiff Could Not Get Away with Forum Shopping Antics

Seeking Court’s Approval of Class Settlement? Try Again!

Magistrate Judge Reinhart Flattens Attempts to Broaden Discovery

First to File Class Action, Not Enough to be Heard First

Class Members Thought They Would Get $900, but End Up With $22

Class Certification in TCPA Action Denied Because Class Representative was in a Class of Her Own

Out of the Frying Pan: Plaintiff’s Certification Bid Goes from Bad to Worse When Reconsideration Papers Only Highlight More Sound Reasons to Deny Certification