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
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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