Henry Lee filed a class action lawsuit against the Defendant doing business as The Body Shop for alleged “willful violations of the federal Fair and Accurate Credit Transactions Act of 2003.” He originally filed suit in federal court in New York, but after objections were raised to the federal court settlement and the federal judge directed the plaintiff to “show cause why the Federal Court Action should not be dismissed for lack of standing,” Lee voluntarily dismissed.
As society becomes increasingly litigious, and as plaintiff attorneys market their services more aggressively, class action litigation is posing a rapidly growing threat to businesses in all sectors.
Eighth Circuit Declares $1.6 Billion TCPA Class Action Award Violated Due Process So Appropriately Reduced to $32 Million.
Multiple defendants involved in the promotion of a movie with religious and political themes were sued for TCPA violations for their telephone marketing campaign of the movie,
“Last Ounce of Courage”. After the Eighth Circuit found there was Article III standing in an earlier appeal, the matter proceeded to trial which resulted in a statutory damages award of $1.6 billion against one defendant.
Objecting Class Member Had No Right to Opt Out of the Trump University Class at the Settlement Stage
Summary: Three class actions were filed against Donald J. Trump and Trump University, one in state court in New York and two in the Southern District of California. The cases were settled for $25 million shortly after Mr. Trump was elected President of the United States. Sherri Simpson was the lone objector who sought to opt out of the class at the settlement stage after failing to opt out when the class was originally certified. She did not “dispute that she received, at the class certification stage, a court approved notice of her right to exclude herself from the class and chose not to do so by the deadline. She argues, however, that the class notice promised her a second opportunity to opt out of the settlement stage, or alternatively, that due process requires this second chance.” The 9th Circuit rejected both arguments.