SCOTUS - Class Action Lawyers to Get Taste of Own Medicine

[lawrocket 3]

The SCOTUS decided Maracich v. Spearsthis morning. Some lawyers filed a class action against some car dealers alleging collusion to charge improper fees. They filed FOIA requests for registration info for other purchasers to send a letter to them to join on as clients, sending 34k letter to solicit business.

Class action lawyers get sued for violating the federal Driver's Privacy Protection Act of 1994 by obtaining and using personal information from auto records without express consent. The trial court dismissed because the (now defendant) class action lawyers said there is an exception under the statute for use "in connection with any civil, criminal...proceeding." The Appeals court affirmed, finding that the letter was a solicitation but was connected with a proceeding.

The SCOTUS took the appeal, and held that solicitation is not a proper use under the exception because "solicitation" is not connected with anything until soliciation is complete. These lawyers face liability.

It was a 5-4 decision. The dissent was written by Ginsburg, joined by Sotomayor, Kagan and Scalia. Wait! What? Yep. Ginsburg, Sotomayor, Kagan and Scalia.

Finally - what is the prospective liability of these lawyers? $2,500 in statutory damages. Pretty small, except that the $2,500 is for each letter mailed. So about $200 million plus punitives is what the dissent says.

Anybody get a bit of schadenfreude when class action lawyers get hit with class actions?

My wife is hotter than your wife.

[CanuckInUSA 0]

First thing we need to do is kill all the lawyers.

all except for lawrocket, we can let him live.

Try not to worry about the things you have no control over

[Andy9o8 3]

Scalia has taken some interesting sides this year. I suspect he's dying, so he's covering his bases.

[lawrocket 3]

Double up! "THOMAS, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III-B, III-C, and IV, in which GINSBURG, BREYER, SOTOMAYOR, and KAGAN, J.J., joine, and an opinion with respect to Parts II and III-A, in which GINSBURG, SOTOMAYOR, and KAGAN, J.J., joined..." (Alleyne v. US)

In one day we had Scalia joined only by Ginsburg, Sotomayor and Kagan. And then another opinion with Thomas joined only by Ginsburg, Sotomayor and Kagan...

My wife is hotter than your wife.