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

This program has been cancelled

A live 90-minute CLE webinar with interactive Q&A

Wednesday, February 26, 2020 (in 6 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

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.


The Telephone Consumer Protection Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act and Fair and Accurate Credit Transactions Act are among federal and state statutes that allow plaintiffs to recover statutory damages ranging from $100 to $2,500 for violations.

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.



  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


The panel will review these and other key issues:

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


Daly, Michael
Michael P. Daly

Drinker Biddle & Reath

Mr. Daly has spent nearly twenty years defending, counseling, and advocating for clients that interact with consumers....  |  Read More

Parasharami, Archis
Archis A. Parasharami

Mayer Brown

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

Willmott, Colin
Colin B. Willmott

Goldberg Segalla

Mr. Willmott focuses his practice on the counsel and defense of clients in matters involving primary and excess...  |  Read More