Consumer Posts

Administering State and Federal Level Consumer Cases at Once

Several consumer product mislabeling class action suits led to the simultaneous settlements of both a 49-state suit and a California-based federal suit, requiring simultaneous notice and distribution. Plaintiffs alleged Canada Dry mislabeled their product with the words “Made from Real Ginger,” arguing that this claim values the products at a higher cost despite the drinks only containing less than two parts per million of ginger flavor extract and other flavors. Heffler was selected to administer the 49-state case in Missouri…

4 Things To Consider Before Administering Your Consumer Class Action Settlement

In recent years, the courts have taken a considerable interest in how consumer class action settlements are administered. Consumer cases cover a broad range of settlement types and vary greatly in size, visibility, class demographics, and more. Here are some considerations to help you develop a realistic and well-planned strategy for settlement administration. 1. How loyal are the class members to the brand? Brand affinity is a solid indicator of how large a class will be. A brand with a…

3 Reasons to Consider Live Agents for Auto Class Action Settlement Administration

Every auto class action settlement administration involves some type of contact center. Whether that service will be handled by Interactive Voice Recording (IVR), live agents, or a mix of both is a question that deserves some serious consideration. While live agents come at a higher price, they can be necessary, given the stakes and complexity of settlement inquiries. The importance of having live agents for follow-ups, complex and individualized questions, and brand safety shouldn’t be overlooked. Follow-Up Calls Create Efficiencies…

TCPA: Second Circuit Court of Appeals ATDS Decision and FCC Updates

The Telephone Consumer Protection Act (TCPA) has recently been a hot topic in courtrooms across America, as well as with the FCC.  Both the Courts and the Federal Communications Commission (FCC) have sought to provide further clarification for TCPA infractions.  The Second Circuit Court of Appeals most recently ruled that the TCPA applies to “any system that calls or texts automatically from a list of numbers.” Finally, Duran v. La Boom Disco sheds light on one of the parts of the…

TCPA Class Action Litigation

The Telephone Consumer Protection Act has been around for more than 30 years, but the courts have experienced a recent flood of TCPA class action litigation. The TCPA prohibits anyone from calling or texting with an automated dialing system unless the recipient has authorized such contact. Express consent is required for robocalls and automated texts. Communication with those on the National Do-Not-Call Registry is forbidden. Why is TCPA class action litigation on the rise? TCPA class actions have increased for…

Case Study: How to Rectify Aging Class Data to Reach Class Members

image of magnifying glass

In a post-millennium age when data becomes outdated quickly, executing the necessary methods and using the best resources to bring class member data up to speed is essential in class action settlement administration. Ammari Electronics v. Pacific Bell Directory et al was a class action brought in the Superior Court of California, County of Alameda. This administration was a judgment distribution on behalf of a class of over 181,084 small business owners who bought California Yellow Pages advertising from defendant…

In addition to the insights you’ll find in our blog articles, you can learn more about services offered by Heffler Claims for consumer class action administration on our practice area page.