Category Archives: Class Actions

Have Class Action Notices Been Tested to See What Increases Consumer Response Rates?

by Jeff Sovern Sometimes when credit card issuers send out mail solicitations, they experiment with different forms of notice to see which one generates a higher response rate. For example, they may send out one mailing to 10,000 people with one prominent sentence on the outside of the envelope, and another to a similar group with […]

CBS News: Only 18 AT&T Customers Brought Arbitration Claims Despite Thousands of Overcharging Complaints

Here.  The story reports that AT&T has nearly 150 million customers and that the eighteen claims were filed in the last two years. UPDATE: See comment by Gregory Gauthier below.

My Latest Law Review Article: Free-Market Failure: The Wells Fargo Arbitration Clause Example

by Jeff Sovern It's for an arbitration symposium at Rutgers and is available for download here.  I would love to hear comments!  Here's the abstract: In September 2016, regulators charged Wells Fargo with opening millions of unauthorized accounts on behalf of its customers. When some of those customers filed class actions against Wells, the bank initially […]

Elizabeth Burch & Myriam Gilles Bloomberg Op-Ed on Proposed Fairness in Class Action Act

Here.  Excerpt: [T]his bill doesn’t fix what’s ailing the system. Instead, it seeks to eliminate group litigation altogether. If it becomes law, the bill could prevent consumers from litigating together the next time a company like Volkswagen masks its emissions and thwart General Motors’ victims from joining forces to recover if their car ignition turns […]

Bloomberg: Thousands of Trump University Students Sign Up for Refunds

Here.  More than half the class members have submitted claims.  Claimants are expected to recoup 80% of what they spent.  The article attributes the high participation rate to the publicity the case garnered as well as the amounts individual claimants have at issue, as much as $20,000.  

Bloomberg’s Gregory Roberts: CFPB’s Assault on Arbitration Stuck Between Rock, Hard Place

Here.  Excerpt: Any move by the CFPB to adopt a final version of its rule would almost certainly prompt Republican lawmakers to overturn it, with a long-term chilling effect on future regulation of the clauses used by banks and other financial services providers. But if the CFPB does not put out a final rule before […]

Bloomberg: House to Vote on Bills Limiting Class Actions This Week

Here.  Previous posts on the bills appear here and here. Excerpt: The fast-track approach is deemed essential to give the bills time to advance in the more-deliberative Senate, where 60 votes are needed to overcome an almost certain filibuster. * * * With House passage almost certain, opponents and supporters are already turning an eye […]

Paul Bland in Daily Kos: Banning Class Actions Will Not Put “America First”

Here.  Excerpt: Drywall from China was . . . highly toxic. * * * Approximately 60,000 homes built with drywall from China were affected, according to one source. In fact, the problems caused by this imported drywall are so massive and widespread that individual lawsuits could not have even begun to make a dent in […]