Category Archives: Class Actions

Eleventh Circuit Vacates GoDaddy TCPA Settlement

The parties in consolidated class actions against GoDaddy brought under the TCPA negotiated a settlement, under which Go Daddy would provide up to $35 million to pay both class members’ claims and up to $10.5 million to their lawyers as attorney’s fees. The district court certified a settlement class. The day Rule 23(c)(2) notices were […]

Second Circuit Affirms Expert Exclusion and Summary Judgment in KIND “All Natural” Lawsuit

In 2015, consumers sued the manufacturers of KIND products –first over the company’s use of the word “healthy” in describing its products, and then over the “All Natural/Non-GMO” claim on product packaging. The class action included claims for violation of several state laws. After class certification and discovery, the district court excluded the testimony of […]

California Judge Threatens to Hold Student Loan Servicers in Contempt

In 2019, a group of former for-profit college students brought a class action against the Department of Education, based on the agency’s failure to rule on their applications for borrower defense relief to their loans–or anyone else’s–for more than a year. After years of litigation, the parties reached a settlement, which was approved in November […]

Richard Frankel Empirical Study of How Businesses Responded to Mass Arbitration

Richard Frankel of Drexel has written Fighting Mass Arbitration: An Empirical Study of the Corporate Response to Mass Arbitration and Its Implications for the Federal Arbitration Act. Here’s the abstract: Over the last forty years, corporations have increasingly inserted mandatory arbitration provisions into their consumer and employment contracts. Most prominently, and with the Supreme Court’s blessing, […]

Sunglass settlement scuttled for lack of standing to seek injunctive relief

Plaintiffs filed  class actions against Costa, a sunglasses manufacturer, for charging them over $100 to repair sunglasses that had been covered by lifetime warranties. The cases were consolidated, and an amended complaint requested both monetary damages and injunctive relief. The parties reached a settlement, agreeing on payments in the form of product vouchers and injunctive […]

DOJ Objects to Settlement of Consumers’ Suit against Multiple Listing Service

In recent years, home sellers around the country have filed lawsuits against regional multiple listing services and affiliated realtors, generally alleging that by requiring sellers to agree to a single, set offer of compensation to any broker who found a buyer for their home in order to have their listing included (the “Buyer-Broker Commission Rule”), […]

NY’s Legal Aid Society sues mayor to enforce new housing protections

Noteworthy news from this week: the Legal Aid Society in New York City sued the city and its mayor to force them to implement new laws that expand eviction protections for residents vulnerable to homelessness. The Legal Aid Society filed a class action on behalf of New Yorkers eligible for a new program that provides […]

Just how expensive do the new AAA Arbitration Rules make mass arbitration? And how much will they suppress claims?

The industry often claims that arbitration is cheaper than litigation for consumers. Well, not so much any more–if that was ever true–after the AAA’s new mass arbitration rules that Adam Pulver reported about on January 29. Adam mentioned the $3,125 initiation fee. In addition, under the new rules, for cases that proceed beyond the initiation […]

Fourth Circuit Limits Scope of TCPA Fax Prohibitions and Suggests Class Actions to Enforce are Doomed

The TCPA prohibits “send[ing], to a telephone facsimile machine, an unsolicited advertisement.” 47 U.S.C. s. 227(b)(1)(c). After receiving such an unsolicited advertisement on its fax machine from AmeriFactors Financial Group, plaintiff  Career Counseling, Inc. brought a putative class action in South Carolina. While that litigation was pending, AmeriFactors obtained a declaratory ruling from the FCC, […]

“Verizon’s $100 million fee settlement is setback for mass arbitration critics”

At Reuters, reporter Alison Frankel has this story on a recent class-action settlement with Verizon. Verizon (as is typical of cellphone companies) requires customers to agree to arbitrate any disputes that may arise. The settlement avoids appellate review of Verizon’s effort to limit arbitrations to batches of 10 at a time, which, in situations where […]