Class Counsel Blog

Showing 2 posts in Credit Cards.

Oui, Mais – “but of course” the 11th Circuit Holds Wife’s Providing Cell Phone Number Was “Prior Express Consent” for Debt Collection Calls

In Mais v. Gulf Coast Collection, 2014 WL 4802457, the Court held that providing a cell number on a hospital admission form was “prior express consent” consistent with previous FCC rulings.  To date, this is the most significant decision involving the binding application of the FCC’s interpretation on rulings that merely providing a cell number is “prior express consent” to be called in certain situations. Read More ›

Seventh Circuit Unplugs RadioShack Class-Action Settlement

On September 19, 2014, the United States Court of Appeals for the Seventh Circuit issued a cautionary opinion in Redman et al. v. RadioShack Corp et al. that reminds trial courts to actively review proposed class-action settlements to ensure that they bestow adequate benefits to the class members themselves.  The Court reversed approval of a class-action settlement because the financial benefits to the class were too small relative to proposed legal fees.  Observers anticipated this outcome based on oral argument, held less than two weeks earlier, including questioning by Judge Richard Posner that was described as “withering,” “hilarious” and containing mild “benchslaps.”  Read More ›

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Attorney Spotlight

Stephen E. Embry is a member of the Firm's class action, privacy and mass tort groups. He frequently defends participants in consumer class actions and mass tort litigation. Stephen is a national litigator and advisor who is experienced in developing solutions to complex litigation and corporate problems.