Consumer Posts

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…

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…

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…

Administering State and Federal Level Consumer Cases at Once

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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…

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.