Category: Class Actions

Thursday, October 20, 2005

Junk fax class action against Assil Sinskey Eye Institute

DOCKET NUMBER: BC321290 FILED ON: 9/10/2004
Los Angeles County Superior Court - Central Civil West Courthouse [California]

Assil Sinskey Eye Institute

“.... Specifically, the complaint alleges that the defendant sent unsolicited advertisements via fax on or about May 21, 2004 through September, 2004. The class is tentatively defined as: “All persons, businesses and entities in California who had no prior business relationship with defendants and who received unsolicited advertisements on their facsimile machines sent by, or on behalf of defendants during the applicable faxing period in violation of the Telephone Consumer Protection Act.’”

Tuesday, May 10, 2005

The Hooters $11,889,000 class action jury verdict

Nicholson v. Hooters of Augusta, Inc.

“The above stated case came on regularly for trial on March 19. 2001. Defendant Clark failed to answer the complaint and is in default. Defendant Hooters appeared at trial and presented a defense. Through a special verdict returned on March 21, 2001, the jury found that defendants violated the Telephone Consumer Protection Act ("TCPA") by unlawfully transmitting six (6) unsolicited Hooters facsimile advertisements to the 1,321 members of the certified class.  Based on this finding, each class member is entitled to recover $3,000. 47 U.S.C. §227(b)(3)(B).  However, the jury made the additional determination that defendants transmitted the Hooters facsimile advertisements willfully or knowingly. Based on this additional finding, the Court must increase the damages to $9,000 for each class member. 47 U.S.C. §227(b)(3)(C). ...”

If you’re interested in attorneys fees, read this ruling.  The attorneys got 33%.  It sounds like a lot of money, but do the math:

Would you prefer a $3,000 award because you had crummy attorneys and then give them 20% and net $2,400?

Or net $6,000 of the $9,000 award?  Well, that’s a no brainer.

How about $9,000 suing pro se for years?  Another no brainer, I really would have liked to be part of this class.

Why don’t we see more of these class actions?

“13) NON-MONETARY BENEFITS.

Another consideration in this case under Friedrich is the non-monetary benefits that the class (and other members of the public) might derive from the results achieved in this case.  In all probability other facsimile advertisers and telemarketers throughout the state and the rest of the country will be deterred from violating the TCPA in the future because of the results in this case.  Accordingly, the public at large may well benefit because of this case. ...”

One would hope so.  How many more junk faxes would I get if it wasn’t for the class actions?

“… ACCORDINGLY, IT IS HEREBY ORDERED, DECREED AND ADJUDGED that plaintiffs shall have judgment against defendants jointly and severally in the sum of $11,889,000. From that sum, attorneys’ fees and expenses in the sum of $3,931,035.62 shall be deducted and paid to class counsel, Burnside, Wall, Daniel, Ellison & Revell.  ...”

Why are there no lawyers looking for class actions?

Why are the existing class actions kept a secret? 

If there was more publicity about class actions we’d see a lot fewer junk faxes.

The plaintiffs sure had to wait a long time:

Nicholson originally brought suit in state court and Hooters removed to federal district court.

[Nicholson v. Hooters of Augusta, Inc., No. CV 195-101 (S.D. Ga. Sept. 4, 1996),
(11th Cir. 1998), modified, 140 F.3d 898 (11th Cir. 1998).

1998 U.S. 11th Circuit Court of Appeals: NICHOLSON v HOOTERS

MORE...

The AMF Bowling Centers $2.5 million junk fax class action settlement

Junk Faxes Could Cost Bowling Co. $1 Million

“… Robert R. Biggerstaff, a retired engineer who is not an attorney but has written articles on the Telephone Consumer Protection Act for the Connecticut Law Review and the Federal Communications Law Journal, called the AMF settlement a “piece of garbage.”

He said, “The attorneys who prosecuted that case should be ashamed of themselves.’”

Yeah, I have to second that.

My posting last year:

$2.5 million settlement for Bowling junk faxes

Monday, May 09, 2005

Save those faxes!  Unclaimed $535,000 for junk faxes goes to charities

Judge Awards $535,000 To Charities From Fax Spam Settlement

(INDIANAPOLIS)—Three charities will split more than $535,000 awarded but never claimed in a lawsuit against a company that illegally sent unsolicited faxes.

The money was left over from a $4.5 million settlement reached last June in a lawsuit against APO Health Inc. The New York-based medical supply firm was accused of sending unsolicited facsimile advertisements to thousands of Indiana businesses.

Marion Superior Court Judge Robyn Moberly awarded more than $267,000 to the Boy Scouts of America. She also gave nearly $134,000 each to the Heartland Pro Bono Council and the Indianapolis Bar Foundation for programs helping needy people find lawyers willing to work for free.  ...”