Bloomberg Law reports on a class action case in which CEI’s Center for Class Action Fairness founder Ted Frank is the lead plaintiff.
Frequent class settlement objector Ted Frank won’t be objecting to this class action — here, he’s the lead plaintiff.
Frank turned to Edelson P.C., a plaintiffs’ class action firm focused on technology and privacy, to file his putative class suit over unsolicited robocalls. He alleges BMOCorp. Inc. made calls to his cell phone without his consent in violation of the Telephone Consumer Protection Act.
Frank has made a career out of challenging class settlements that he says over-reward class counsel at the expense of class members. That makes him seem like an unlikely plaintiff for a class action, but he insists he’s not opposed to class actions per se.
“I’ve always supported class actions as a procedural device, and merely oppose their misuse,” he told Bloomberg BNA in an emailed statement.
“We were very honored that Ted asked our firm to represent him,” Edelson said. “Given his many accomplishments in improving the practice of class actions (especially in the settlement space) and his role in the case as lead plaintiff, we feel like we come into this litigation in a uniquely strong position and look forward to proving our case.”
Frank said he and Edelson likely disagree about the scope of the TCPA and Rule 23, the federal rule that governs class action procedure. “But this case in my mind is unquestionably aimed at the kind of telemarketing abuse the TCPA outlaws and I’m happy we have common ground here,” Frank said.
Read the full article at Bloomberg Law.