October 27, 2020

Volume X, Number 301

Advertisement

October 27, 2020

Subscribe to Latest Legal News and Analysis

October 26, 2020

Subscribe to Latest Legal News and Analysis

BREAKING TCPA NEWS: This is Huge! Eleventh Circuit Holds Incentive Award Payments to Class Representatives Are Per Se Forbidden

Well this was unexpected and really big news so pay attention folks.

The Eleventh Circuit Court of Appeals held today that a court may not grant incentive awards in any amount to named class members pursuing TCPA (or any) class actions to a successful resolution.

None. Zero. Not one penny.

In the Court’s view these awards have been illegal since the late 1800s when a pair of Supreme Court cases forbade the payment of personal expenses to class representatives.

The Eleventh Circuit was particularly concerned about the “bounty” aspect of the payments–ironic since just a handful of years ago that same court approved the TCPA as a “bounty” statute authorizing extremely broad standing.

So, in case you missed it, the Eleventh Circuit has made it pretty clear it does not want any more TCPA class actions. Beyond cutting off any incentive for TCPA class plaintiff’s to pursue claims today, it previously:

The Court also found that a class settlement objection period MUST run past the date a petition for fees is filed as a matter of procedure.

The ruling is here: Incentive Awards Are Gone

More analysis to follow.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 261
Advertisement

TRENDING LEGAL ANALYSIS

Advertisement
Advertisement

About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

213-689-6510
Advertisement
Advertisement