A much-anticipated TCPA class action trial was set to begin next week in Birchmeier et al. v. Caribbean Cruise Line Inc., et al., in the United States District Court for the Northern District of Illinois. According to published reports, however, a class-wide settlement was reached yesterday in this protracted litigation with a history of controversial rulings by the District Court.
Under the terms of the agreement, defendants will pay in the range of $56-$76 million, to settle the claims of class including approximately one million people who received robocalls from defendants in 2011-2012. Class members will reportedly receive $500 for each call received, with the total amount paid to be determined based on how many claims are made.
The case has a long history, including controversial decisions by the District Court to certify the class in 2014, and a decision earlier this year to maintain certification despite the United States Supreme Court’s affirmation in Spokeo v. Robins that a mere statutory violation does not support Article III jurisdiction. The upcoming trial, which had been scheduled to begin on September 12, 2016, appeared to mark one of the few instances in which a TCPA class action would be resolved through trial and potential appeal.
While specific details are yet to arrive, this settlement illustrates the very real risks of TCPA class action litigation given the current uncertainty of the law. While the outcome at settlement is perhaps unique to this litigation, in part due to the District Court’s decisions to this point, further clarity on these key issues arising under the statute remains much needed.