A Consumer Protection and Employment Law Firm Serving California, Ohio, Pennsylvania, and Illinois.

Overaggressive litigation or protecting the rights of consumers?

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Most of the media and news sources claim that there should be caps on plaintiff litigation, and they point out an increase in litigation as a problem. They paint a picture of plaintiffs’ attorneys as hindering our society. However, this painting looks significantly different when you look at it from the other side. The only problem caused by increased litigation is a problem for businesses violating the law or peoples’ rights. Increased litigation simply means that more people are getting the help and advocacy they need. TCPA Litigation Sprawl According a report from the U.S. Chamber for Legal Reform, litigation stemming from the Telephone Consumer Protection Act (TCPA) has increased 46% since 2015. Further, more than one-third of these TCPA lawsuits are filed as class-action claims. The article attempts to frame this trend as a problem, claiming “The sprawl of TCPA litigation illustrates the serious problem that occurs when uncapped statutory damages and a technologically-outdated statute work together to over incentivize litigation.” The article further states that most of the lawsuits examined were not aimed at the type of companies or behavior the initial legislation was aimed at. We Take Pride in Defending Consumer Rights Although the U.S. Chamber of Legal Reform frames the increased litigation as “TCPA litigation sprawl” and considers this trend a serious problem, we disagree. In fact, in the article’s list of top TCPA cases files, our law firm tops the list. At the Law Offices of Todd M. Friedman, we take pride in this fact. If increased litigation of this kind is a problem, it is only a problem for companies violating the rights of consumers. We are proud of the fact that we are at the forefront of those fighting to protect our clients from invasive tactics of aggressive corporations. The Telephone Consumer Protection Act of 1991 is a body of legislation intended to protect consumers from overaggressive or predatory communications from businesses. Our job is to use that legislation to protect our clients’ rights. As attorney Todd M. Friedman himself states, “We are very proud of the hard work we have done and continue to do in leading the fight for consumers’ rights as it relates to this area of law. As evidenced by this report, The Law Offices of Todd M. Friedman has been and will continue to be the leaders in TCPA litigation and class actions.” If you have been harassed or mistreated by any company’s communications to you, talk with us to determine whether you have a valid legal claim. Attorney Todd Friedman and our entire team would be proud to help you.

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Settlement

TCPA class action against the Los Angeles Times. Final approval granted 2014.

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$750,000
Settlement

Common fund class-wide TCPA settlement against home healthcare provider. Final approval granted.

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$27.6M
Settlement

TCPA class action certified on behalf of approximately 2,000,000 class members under Rule 23(b)(2) and (b)(3). Subsequently settled on a Rule 23(b)(2) and (b)(3) basis. Final approval granted.

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$5.2M
Settlement

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Unruh Act class action on behalf of approximately 240,000 consumers challenging Tinder’s age-based differential pricing for its subscription service. Final approval granted; subsequently went up on appeal.

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$390,000
Settlement

TCPA class action alleging HD Supply sent unauthorized marketing text messages to consumers’ mobile phones without consent between October 21, 2011 and July 26, 2017. Presided over by Judge Fernando M. Olguin. Case terminated January 29, 2018.

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$1,500,000
Settlement

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TCPA class action against a Kansas-based payday lender alleged to have contacted consumers via prerecorded calls on their cell phones to collect alleged debts without consent. California federal judge granted final approval.

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$6,500,000
Settlement

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Cal. Penal Code § 632.7 class action certified by contested motion under Rule 23(b)(2) and (b)(3) on behalf of over 40,000 class members whose calls were recorded without their knowledge or consent. Final approval granted.

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$13,000,000
Settlement

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$13 Million Class action alleging HSBC recorded consumer telephone calls without knowledge or consent in violation of California’s Privacy Statute (Penal Code § 632.7). California Federal Judge granted final approval.

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$34,000,000
Settlement

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One of the largest TCPA class action settlements in U.S. history at time of approval. Alleged Chase used an automatic telephone dialing system to contact consumers on their cell phones without prior express consent from July 2008 through December 2013. Settlement class included over 32 million members. Final approval granted March 2016.

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$150,000,000
Settlement

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Class action on behalf of over 100,000 owners of GM vehicles equipped with allegedly defective LG-manufactured batteries posing fire and safety risks. Litigation commenced December 2020. U.S. District Judge Terrence G. Berg indicated preliminary approval of the $150 million settlement.

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$100,000,000
Settlement

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Landmark gig-economy class action. DoorDash drivers in California and Massachusetts alleged they were wrongly classified as independent contractors rather than employees. Firm served as class counsel. Final approval granted January 13, 2022 — the largest gig-economy worker class settlement in U.S. history at the time.

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