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Consumer Law
Consumer Protection
Telephone Consumer Protection Act

Cory Larson, on behalf of himself and all others similarly situated v. Harman-Management Corporation; and 3Seventy, Inc.

Published: Jul. 10, 2020 | Result Date: May 20, 2020 | Filing Date: Feb. 17, 2016 |

Case number: 1:16-cv-00219-DAD-SKO Settlement –  $4,000,000

Judge

Dale A. Drozd

Court

USDC Eastern District of California


Attorneys

Plaintiff

Sergei Lemberg
(Lemberg Law LLC)

Stephen F. Taylor
(Lemberg Law LLC)

Trinette G. Kent
(Lemberg Law LLC)


Defendant

David L. Bird
(McKay Burton & Thurman, PC )

Allan O. Walsh
(McKay Burton & Thurman, PC )

Jeremy C. Sink
(McKay Burton & Thurman, PC )

Martin W. Jaszczuk
(Jaszczuk PC)


Facts

Cory Larson initiated a class action lawsuit against Harman Management Corporation, which is a franchisee of several fast-food restaurant chains, including KFC, Taco Bell, Pizza Hut and A&W Restaurants, under the Telephone Consumer Protection Act after receiving telemarketing text messages.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant violated the TCPA by sending them text messages through an automated dialing system. Plaintiffs also contended that defendant did not receive plaintiffs' prior consent to receive the multiple text messages.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions.

Settlement Discussions

The award would give each plaintiff approximately $500 per text/call in statutory damages with an additional $1,500 in treble damages. Each class representative received a $10,000 bonus.

Result

The court approved a $4 million settlement among the parties.


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