Bradley Arant partner Mike Pennington was quoted in Law360 regarding the Supreme Court’s ruling that defendants facing a Telephone Consumer Protection Act (TCPA) suit couldn’t escape a class action by making a settlement offer to individual plaintiffs. The decision has wide ramifications for all class actions.
“By allowing a plaintiff and his lawyer to continue a class action even when the plaintiff has been offered a full individual recovery, today’s ruling inevitably fuels the growth of lawyer-driven class actions. At the same time, it takes away what could have been a useful weapon to avoid the blackmail effect of class action strike suits, particularly those under statutes like the TCPA, which bring the threat of draconian statutory penalties and put many defendants to the Hobson’s choice of risking potential destruction or paying a ransom in settlement,” Pennington said.
Read the complete article, “Lawyers Weigh In On High Court’s Class Action Ruling,” which first appeared in Law360 on January 20, 2016. (login required)