Consumer Posts

Administering State and Federal Level Consumer Cases at Once

glass of soda

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…

The 11th Circuit Makes a TCPA Decision

Case background In Gorss Motels, Inc. v. Safemark Systems, L.P. two companies, Gorss and E&G, are franchisees of Wyndham Hotel Group properties. According to the franchise agreement, Wyndham and affiliates agreed to offer franchisee assistance in purchasing items for the hotels. Fax numbers were explicitly included in these agreements as a method of contact. Safemark, a company that provides safes to Wyndham franchisees, sent two faxes to Gorss, E&G, and over 7,000 other recipients. These faxes failed to provide opt-out…

4 Things To Consider Before Administering Your Consumer Class Action Settlement

puzzle pieces

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 thoughtful, 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…

4 Ways the New California Consumer Protection Act Could Affect Class Actions

January 1, 2020 will mark a new era for consumer privacy with the passage of the California Consumers Protection Act (CCPA). The law is similar to Europe’s General Data Protection Regulation, as it applies to all companies conducting business in the Golden State and will be enforced by the Attorney General. This hotly debated law empowers individuals to seek restitution if businesses store, retain, use, and share their personal information in ways that are “unreasonable.” Consumers will have the right…

Tackling Challenges in TCPA Class Action Administration

image of man using phone

The Telephone Consumer Act (TCPA) restricts telemarketing and the use of automated telephone equipment such as pre-recorded voice messages and automatic dialing systems. The act aims to protect consumers from unsolicited phone calls and messages. TCPA cases against companies allegedly contacting consumers in violation of the act bring unique challenges that require unique solutions from your class action settlement administrator to satisfy due process and gain final approval.  Using telephone reverse lookup to develop an address list for mailings can be hit or miss.  Heffler works with…

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…