Compensatory Class

A Rule 23(b)(3) procedure where lead attorneys plead money damages for the settlement class.

Consumer Consent

Express written consumer consent with “clear and conspicuous disclosure” that indicates a person agrees to accept future landline, cell phone, text message or fax communications (personal, prerecorded or auto-dialed) from specific telemarketers, debt collectors or sellers.

Consumer Privacy Rights

Telemarketers and debt collectors using auto dialers may only call their consenting consumers between 8:00 a.m. to 9:00 p.m; and callers must offer their name, business name, and callback telephone number during any communication.

Court-Approved Websites

Websites set up by class administrators that serve as a hub for (i) filing electronic claim forms; (ii) informing plaintiffs about class action proceedings; (iii) downloading court and claim documents; and (iv) updating class members about award distribution dates and claim deadlines.

Damages

Cash awards used to pay class members for their loss or injury.

Debt Collection Actions

Communication via phone call, text message or fax with intent to collect a debt; collection activities are not telemarketing calls unless the interaction contains telemarketing messages; therefore, they do not require consumer consent when made to consumer landlines, but do require permission if made to cell phones or facsimiles.

Decertification

A judicial holding that reverses a previous court's certification, striking down any further class action proceedings surrounding the controversy.

Declaratory Judgment Class

A motion to the court to establish the settlement class’ rights and obligations.