Aggregated Statutory Damages in Class Litigation: Leveraging Rule 23 and Due Process Arguments to Defeat Certification

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, November 10, 2016

Recorded event now available

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Program Materials

This CLE webinar will examine how courts are ruling in class actions in which plaintiffs seek aggregated statutory damages. The panel will discuss strategies for challenging class certification in these cases by raising Rule 23 and due process arguments and the effect of Spokeo on aggregated statutory damages.

Description

The Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA) and Fair and Accurate Credit Transactions Act (FACTA) are among a number of federal and state statutes that allow plaintiffs to recover statutory damages ranging from $100 to $2,500 for violations of the statute.

When plaintiffs seek to aggregate statutory damages in class action lawsuits, defendants face the possibility of being ordered to pay damages that are significantly disproportionate to the severity of the harm to the plaintiff class. Rather than risk enormous judgments, many defendants feel forced to settle lawsuits, even those that lack merit.

Defendants are increasingly challenging cases involving exorbitant aggregated statutory damages on due process grounds and by arguing that the Rule 23(b)(3) superiority requirement has not been met. Courts vary in their treatment of aggregated statutory damages, with some courts rejecting challenges to aggregated statutory penalties and some finding them oppressive.

Listen as our authoritative panel discusses the latest developments in defense challenges to class claims involving massive aggregate statutory damages. The panel will discuss strategies for opposing class certification under Rule 23(b)(3) or due process grounds.

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Outline

  1. Types of class actions that typically seek statutory damages
  2. Latest court decisions addressing aggregated statutory damages
  3. Best practices for challenging certification in cases involving aggregated statutory damages
  4. Insurance coverage considerations

Benefits

The panel will review these and other key issues:

  • How are courts ruling in class litigation involving exorbitant aggregated statutory damages?
  • How can the various court opinions on aggregated statutory damages be leveraged by class action practitioners at the certification stage?
  • Is insurance coverage available to corporations defending class claims seeking statutory damages?
  • How does the ruling in Spokeo affect aggregated statutory damages?

Faculty

Michael P. Daly
Michael P. Daly

Partner
Drinker Biddle & Reath

Mr. Daly defends class actions involving issues such as advertising, labeling, billing, credit reporting, debt...  |  Read More

Archis A. Parasharami
Archis A. Parasharami

Partner
Mayer Brown

Mr. Parasharami is Co-Chair of Mayer Brown’s Class Action Practice and lead editor of the firm’s...  |  Read More

Jonathan L. Schwartz
Jonathan L. Schwartz

Partner
Goldberg Segalla

Mr. Schwartz concentrates his practice on insurance coverage litigation and counseling, including primary and excess...  |  Read More

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