Absent Class Member
Class members not named in the class action complaint who may join the lawsuit during litigation or after settlement.
A legal term describing whether lead counsel and lead plaintiffs possess the means to represent the settlement class’ interests properly.
An automated and interactive method or means for consumers to withdraw their consent to telemarketer calling or robocalling immediately.
Automatic Dialing Systems (Robocalls)
An automated pre-recorded voice phone message, fax or text message delivered by a computer to a consumer’s landline, cell phone or fax machine.
Calls to Cellular Lines
Telemarketers, vendors and bill collectors may not send automated calls, pre-recorded messages or text messages to any business or personal cellular telephone unless the person previously gives the party permission to call; consumers may further revoke consent by notifying parties to stop communicating with their cellular devices.
Calls to Residential Lines
Telemarketers and salespeople may not send pre-recorded business solicitations or messages to residential telephone lines without first building a “business relationship” with consumers; sellers establish these links by having conducted business with the person within the last eighteen months or by having made consented sales inquiries within the last three months.
A judicial hearing where the courts scrutinize lawsuits to find whether controversies can proceed as class actions.
A court ordered document that informs class members of their potential eligibility to join class action proceedings and advises on the rights and responsibilities of the settlement class.
Rejection of claim submitted by absent class members, often due to class member ineligibility or due to a failure to prove damages occurred.
Class administrator scrutiny over submitted claims to discover if potential class members are qualified to share in settlement awards.
A single person or entity who belongs to a specific settlement class certified by the courts in class action lawsuits.
A specific period in which corporate defendants commit securities fraud as alleged by investors named in securities class action lawsuits.
Common Fund Class
A cash fund that class administrators use to distribute money awards among class members who file valid claims.
A procedural rule that holds settlement class members must hold a shared interest in pursuing interpretations to questions of fact and law established in the lawsuit.
A Rule 23(b)(3) procedure where lead attorneys plead money damages for the settlement class.
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.
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.
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.
A judicial holding that reverses a previous court’s certification, striking down any further class action proceedings surrounding the controversy.