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Payday: $1.2MM in Fees Awarded to Plaintiff’s Lawyers in New TCPA Class Action Against Aerocare Holdings
Thursday, March 28, 2024

Another week, another high dollar TCPA settlement netting over a million in fees for a Plaintiff’s law firm.

Jeremy M. Glapion and Bradford Rothwell Sohn just netted over a million dollars ( $1,281,400 in attorney’s fees and $14,341.83 in costs to be precise) in a new TCPA settlement.

The settlement involved alleged robotext messages sent by defendant related to CPAP supplies AFTER a stop text was sent. The class definition was:

Since November 23, 2018, all persons to whose telephone number the AdaptHealth Parties initiated, or had initiated on their behalf, more than one text message in a 12 month period for the purpose of inviting the recipient to order CPAP supplies, after the recipient had replied “stop” or its equivalent to one of the AdaptHealth Parties’ text messages.

The class was estimated to contain 32,738 members, who were scheduled to receive $160.00 each if they made a claim.

That puts the total settlement value here at $5.2MM in theory, although Defendant only had to pay class members who actually made claims– so the actual out of pocket here will likely be under $2MM including attorneys fees.

To be clear– the plaintiff’s attorneys likely collected more than the entire class did on this settlement (although I haven’t checked the claims rate to confirm.)

This is why they keep funneling money to the NCLC folks.

Notice that these stop text failure cases have been driving a ton of litigation lately. They can be quite dangerous as this settlement confirms.

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