Senior Judge Gerald Tjoflat has a well-earned reputation for lengthy opinions, especially in class actions. His recent opinion disapproving the class-action settlement involving GoDaddy is of epic length, but he could not win the concurrence of the other two panel members, Judges Wilson and Branch. Drazen v. Pinto, 101 F. 4th 1223 (11th Cir. May…
Tag: Coupon settlements
Single Unwanted Text Enough For TCPA Standing
In an unusual showing of unanimity, the full Eleventh Circuit held that a single unwanted text is enough to confer Article III standing to assert a claim under the Telephone Consumer Protection Act. Drazen v. Pinto, 2023 WL 4699939 (July 24, 2023). The original panel opinion, vacated by the grant of rehearing en banc, arose…
Settlement Class Defined to Include Uninjured Members Cannot Be Approved
An appeal concerning the meaning of coupon settlements under the Class Action Fairness Act instead produced an important opinion, Drazen v. Pinto, 2022 LEXIS 20766 (11th Cir. July 27, 2022), addressing the certification of classes that are defined to include members who have not been injured. Some background may be helpful in understanding the ruling….