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Objector to TCPA Class Deal Wants SCOTUS Look at Incentive Awards

Oct. 21, 2019, 8:07 PM

Long-standing U.S. Supreme Court precedent prohibits class representatives from receiving incentive awards that are much greater than individual class members’ recovery, a settlement objector told the court in a new petition for review.

Two cases prohibit payments to compensate representative plaintiffs for their service to the class in common fund cases, objector Kara Bowes argues. She is challenging $2,500 incentive awards made as part of a $14.5 million spam text class settlement between American Eagle Outfitters Inc. and consumers.

The U.S. Court of Appeals for the Second Circuit approved the deal in April, rejecting this and other arguments made by...

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