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Class Action Administration-TCPA Claim

By: WISCONSIN LAW JOURNAL STAFF//May 30, 2023//

Class Action Administration-TCPA Claim

By: WISCONSIN LAW JOURNAL STAFF//May 30, 2023//

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7th Circuit Court of Appeals

Case Name: Angel Bakov v. Consolidated World Travel

Case No.: 21-2653

Officials: Wood, Kirsch, and Jackson-Akiwumi, Circuit Judges.

Focus: Class Action Administration-TCPA Claim

The class asserts in this action that CWT violated the Telephone Consumer Protection Act (TCPA) by calling class members using prerecorded voice messages, a practice the law expressly prohibits. This case presents a narrow but important question about the administration of class actions: what authority do district courts have to impose the cost of class notice on a defendant that already has been found liable to the class? The court in the case before us ruled that defendant Consolidated World Travel, Inc. (CWT) had to bear those costs. The Seventh Circuit concludes that in the unusual circumstances of this case, the district court had the authority to assign these costs to CWT and that it did not abuse its discretion in doing so.

Affirmed.

Decided 05/19/23

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