Guiding TCPA Cases in the Eleventh Circuit to a Settlement After 'Drazen v. Pinto'
Court-approved class settlements are common in TCPA class actions. The landscape of such settlements in the U.S. Court of Appeals for the Eleventh Circuit changed this summer, however, with the recent decision in Drazen v. Pinto, 41 F. 4th 1354 (11th Cir. 2022). Lawyers for both plaintiffs and defendants are well advised to adapt how they traditionally guide TCPA class action litigation toward settlement as a result.
October 27, 2022 at 09:50 AM
6 minute read
Board of ContributorsMost people over the age of 35 remember phones often ringing during dinner with calls from telemarketers. The timing of those calls made sense, as people were most likely to be home then. In 1991, Congress sought to curtail those interruptions by passing the Telephone Consumer Protection Act (TCPA), which regulates how and when businesses can initiate marketing calls, texts and faxes. A key feature of the TCPA was the creation of a private right of action that allows consumers to recover statutory damages of $500 for each violation (that is, per call, text or fax) or $1,500 for each violation if the court determines the defendant willfully or knowingly violated the statute.
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