Comments on: Can legal due process move online? A slice of lime in the soda Sun, 26 Oct 2014 19:05:02 +0000 hourly 1 By: tv amr Sun, 26 Oct 2014 17:32:37 +0000 Im incompetent at view this site properly on opera Personally i think theres a problem

By: AnonymousChef Fri, 19 Nov 2010 23:39:08 +0000 Felix,

I’m not a fan of the opt-out class action in many situations, but sadly, this might not have been too far under the biggest penalty reasonably expectable. The $1B number is incredibly inflated.

The maximum recovery for the plaintiffs under a class action is $36,000. So they couldn’t use a class action to find their plaintiffs.

To get to $1B, you would need to find 1 million individual plaintiffs, each of whom is able to prove that the debt collector called them after 1 million trials. But the plaintiff’s attorney is going to have a very hard time finding names for the reason you mentioned – the company’s name wasn’t in the calls! So they’d need to extensively advertise the claims and do a lot of work to trace the alleged phone call to the company.

They won’t be able to use discovery to find the names, as the company would be entitled to a protective order on any lists of phone numbers it called.

In addition, to reach $1B, you would need the judge to issue the maximum penalty for each individual violation, which simply wouldn’t happen. Not on a self-reported error, and not where the effect would be to wipe out all the company’s other unsecured creditors in favor of people who likely aren’t out of pocket anything. (The company’s net worth is 3.6M).

By: david3 Fri, 19 Nov 2010 22:58:49 +0000 There are not “293 million households in the U.S.” The household population is 293 million. With the average household size at 2.61, there are about 112 million households in the U.S. The USA Today therefore reaches about 1.6% of the population. Then again the USA Today is not strictly delivered to households (think hotels). So the percentage likely ends up being around 1%. Still a pithy number.

By: MarkWolfinger Fri, 19 Nov 2010 22:44:42 +0000 I believe you are making a mistake.

The big distinction is not whether online is better than USA today. It should be against the law for lawyers to arbitrarily decide that someone has to opt out.

Opt-in has to be the law of the land to prevent this situation from occurring.