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TCPA Plaintiffs' Attorney Admits Class Action Lawsuits Have "Not Cured the Problem"

May 22, 2018

Three weeks ago, U.S. Chamber Institute for Legal Reform (ILR) President Lisa A. Rickard said the Telephone Consumer Protection Act (TCPA) has become a "goldmine for plaintiffs' attorneys."

  1. U.S. Chamber: Illinois Drops Again in State Legal Rankings

    March 07, 2005 | Press Release

    CHICAGO, Ill. - The U.S. Chamber Institute for Legal Reform (ILR) today released its Harris Interactive 2005 State Liability Systems Ranking Study, which shows Illinois ranked 46 in legal fairness, having dropped twelve places in the last three years. ILR also announced the launch of a national advertising campaign to highlight the results of the study and promote federal and state-based legal reform. ... Read More

  2. U.S. Chamber: Florida Drops Again in State Legal Rankings

    March 07, 2005 | Press Release

    WASHINGTON, D.C. - The U.S. Chamber Institute for Legal Reform (ILR) today released its Harris Interactive 2005 State Liability Systems Ranking Study, which shows Florida ranked 42 in legal fairness, having dropped nine places in the last three years. ILR also announced the launch of a national advertising campaign to highlight the results of the study and promote federal and state-based legal reform. ... Read More

  3. U.S. Chamber: California 45 in State Legal Rankings

    March 07, 2005 | Press Release

    WASHINGTON, D.C. - The U.S. Chamber Institute for Legal Reform (ILR) today released its Harris Interactive 2005 State Liability Systems Ranking Study, which shows California ranked 45 in legal fairness, having risen in the poll since last year. ... Read More

  4. Skewering the Lawyers: Congress Deals a Blow to Class Actions

    February 18, 2005 | Research

    Dickie Scruggs, a Mississippi trial lawyer who led the charge against Big Tobacco in the 1990s, helping 46 states win a $246 billion settlement, once described the features of a "magic jurisdiction" in America's tort system.

    ... Read More

  5. Class Action Fairness Act of 2005

    February 17, 2005 | Research

    To amend the procedures that apply to consideration of interstate class actions to assure fairer outcomes for class members and defendants, and for other purposes.

    ... Read More

  6. Chamber Celebrates Landmark Victory in Fight Against Lawsuit Abuse

    February 16, 2005 | Press Release

    WASHINGTON, D.C. - The U.S. Chamber Institute for Legal Reform today applauded the U.S. House of Representatives for passing the Class Action Fairness Act (S.5), a bill designed to curb class action lawsuit abuse in state courts. "America's employers and consumers are the big winners today," said Tom Donohue, Chamber President and CEO. "Reform of the class action lawsuit system will reduce frivolous lawsuits, spur business investment and help restore sanity to our nation's legal system." ... Read More

  7. Chamber Hails Senate Passage of Class Action Reform

    February 09, 2005 | Press Release

    WASHINGTON, DC - The U.S. Chamber Institute for Legal Reform today hailed the Senate for passing the Class Action Fairness Act (S.5), a bill designed to curb class action lawsuit abuse in state courts. "The Senate has taken a critical step toward granting families, consumers and employers relief from the heavy burden of lawsuit abuse," said Thomas Donohue, Chamber President and CEO. "Now it's time for the House to finish the job and take back our civil justice system from plaintiffs' lawyers seeking jackpot justice."... Read More

  8. Lawsuit Abuse Reduction Act

    January 25, 2005 | Research

    See also State Attorneys General – Legislation for information on laws limiting the practice of plaintiffs’ lawyers entering into deals with state attorneys general to file opportunistic litigation on behalf of state government.

    ... Read More

  1. In the News Today - May 22, 2018

    May 22, 2018 | News

    Pa. Attorney Takes on Former Client, Lawsuit Lender... Read More

  2. U.S. Supreme Court Upholds Arbitration Contracts

    May 22, 2018 | News

    In a 5-4 ruling yesterday, the U.S. Supreme Court upheld arbitration contracts between employers and employees.... Read More

  3. In the News Today - May 21, 2018

    May 21, 2018 | News

    Private Equity Firms and Hedge Funds "Found a New Way to Get Richer" By Funding Lawsuits; "Recent Developments Have Let the Air Out of Slack Fill Lawsuits"... Read More

  4. "ALI Restatement Should Not Reflect Aspirational Proposals"

    May 21, 2018 | News

    A Crowell & Moring LLP partner said in a Law360 op-ed that the American Law Institute (ALI) should reject its proposed Restatement of the Law on Liability Insurance because "it continues to reflect aspirational proposals in addition to, or in place of, settled insurance law."... Read More

  5. In the News Today - May 18, 2018

    May 18, 2018 | News

    CFPB head says no more "regulation by enforcement"... Read More

  6. California Legislators Take on "Wild West" of Trial Attorney Advertising

    May 18, 2018 | News

    Yesterday, the California Assembly unanimously passed a bill to punish the practice of misleading attorney advertising for drug and medical device lawsuits, the Northern California Record reports. ... Read More

  7. In the News Today - May 17, 2018

    May 17, 2018 | News

    RICO Case Settled With TCPA Firm Accused of Teaching Former Students to Avoid Paying Loans by Suing; An Invitation to Join the U.S. Chamber Institute for Legal Reform (ILR) for a Breakfast Panel | Bristol-Myers Squibb (BMS) Battlegrounds: Personal Jurisdiction, a Year Later | Monday, June 4... Read More

  8. California Legislator Introduces Bill to Regulate "Materially Misleading" Plaintiffs' Lawyer Advertising

    May 17, 2018 | News

    Calif. Assemblymember Marc Berman (D) introduced a bill this week that would regulate advertisements from plaintiffs' lawyers that are "materially misleading," Bloomberg Business reports.... Read More

  9. In the News Today - May 16, 2018

    May 16, 2018 | News

    FCC Looking for Autodialer Definition Suggestions After Court Ruling; State Group Calls on N.Y. Government to Act on Lawsuit Lending... Read More

  10. "Don't Bring Lawyers into the Fight Against The Opioid Epidemic"

    May 16, 2018 | News

    In an op-ed, the president and CEO of the Pennsylvania Chamber of Business and Industry said there are "many constructive actions state and local governments can take to address" the opioid crisis, but hiring "contingency-fee lawyers who stand to collect at least 25 percent of whatever they win in court isn't one of them."... Read More

  11. In the News Today - May 15, 2018

    May 15, 2018 | News

    Details, Criticism Of How Class Action Attorneys Charged $75M Filed Under Seal; TCPA Trends: Impact On Future Litigation And Compliance... Read More

  1. TCPA Plaintiffs' Attorney Admits Class Action Lawsuits Have "Not Cured the Problem"

    May 22, 2018 | Blogs

    Three weeks ago, U.S. Chamber Institute for Legal Reform (ILR) President Lisa A. Rickard said the Telephone Consumer Protection Act (TCPA) has become a "goldmine for plaintiffs' attorneys." ... Read More

  2. California Assembly Passes Bill to Rein In Dangerous Trial Lawyer Advertising

    May 17, 2018 | Blogs

    This afternoon, the California State Assembly overwhelmingly passed A.B. 3217, a bill that would outlaw "materially misleading" drug and medical device lawsuit advertising.... Read More

  3. Coming Soon to the Golden State: Truth in Legal Advertising

    May 16, 2018 | Blogs

    Plaintiffs' lawyers spend hundreds of millions of dollars on lawsuit advertising. A lot of this money flows to ads for lawsuits targeting prescription drugs and medical devices. The imagery is all too familiar: the TV screen flashes red, an ambulance siren goes off, spray-tanned actors dressed like doctors pronounce exaggerated warnings in dire tones, and at the end a number shows up on screen and the viewer is encouraged to join a lawsuit.... Read More

  4. Plaintiffs' Lawyers Looking for Absurd Attorneys' Fees Had a Rough Week

    May 14, 2018 | Blogs

    If two's a coincidence and three's a trend, what would you call six headlines in one week?... Read More

  5. Landmark Bill Would Pull Back Curtain on Secretive Lawsuit Funding Deals

    May 10, 2018 | Blogs

    Today, U.S. Senate Judiciary Committee Chairman Chuck Grassley (R-IA), along with Senators John Cornyn (R-TX) and Thom Tillis (R-NC), introduced the Litigation Funding Transparency Act (LFTA), a landmark bill to help bring the multi-billion dollar litigation financing industry out of the shadows.... Read More

  6. ILR Asks Federal Communications Commission to Define Automated Telephone Dialing System

    May 03, 2018 | Blogs

    Today, the U.S. Chamber Institute for Legal Reform (ILR), the U.S. Chamber of Commerce and 16 coalition partners filed a petition with the Federal Communications Commission (FCC), asking it to clarify the definition of an automated telephone dialing system (ATDS). ... Read More

  7. Wisconsin Forward: State Enacts Groundbreaking Litigation Funding Transparency Law

    April 03, 2018 | Blogs

    Today, Wisconsin Gov. Scott Walker helped the state live up to its "Forward" motto, and made good on his encouragement to the legislature to "get it done" on legal reform in 2018 by signing AB 773 into law. ... Read More

  8. The EU Commission Should Follow Its Own Advice on Collective Redress

    April 02, 2018 | Blogs

    As mechanisms for collective redress – better known as class action in the U.S. – spread across Europe, the European Commission is preparing to propose important new EU-wide legislation on collective redress this month. A Commission report from January highlights the clear need for that legislation to include safeguards against litigation abuse.... Read More

  9. Kentucky Chalks Up Two Legal Reform Wins in March

    March 20, 2018 | Blogs

    The University of Kentucky Wildcats are making a strong showing in March Madness, and so is the state legislature. Over the past few weeks, Kentucky has passed two major milestones in legal reform: ensuring transparency in private attorney contracting (TIPAC), and protecting physician peer-review.... Read More

  10. U.S. Chamber Praises Senate Introduction of PROTECT Asbestos Victims Act

    March 16, 2018 | Blogs

    Harold Kim, executive vice president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about the introduction of the PROTECT Asbestos Victims Act of 2018 (S. 2564) by Senator Thom Tillis.... Read More

  11. Wisconsin Legal Reform in Peril

    March 16, 2018 | Blogs

    When Governor Walker addressed Wisconsin legislators on January 30, he urged them to "get it done" on legal reform. He was referring to a comprehensive omnibus reform bill that promised to improve the Badger State's lawsuit climate. That was the bill he wanted to sign. But if the plaintiffs' bar gets its way, it won't even reach his desk. ... Read More

  1. Consumers Overwhelmingly Say Lawsuits Should Not "Regulate" New Technologies

    April 18, 2018 | Press Release

    SEATTLE, WA - During an event today the U.S. Chamber Institute for Legal Reform (ILR) will release a new survey finding that, contrary to the claims of many plaintiffs' lawyers, nearly 82 percent of consumers believe that filing lawsuits is not the best way to regulate emerging technologies, such as cars that operate without a human driver. ... Read More

  2. U.S. Chamber: Proposal Could Make EU a Major Global Hub for Abusive Litigation

    April 11, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today about the European Commission's proposal to rescind and replace the EU's "Injunctions Directive." The proposal would create a new European Union-wide framework for collective redress (class action lawsuits): ... Read More

  3. U.S. Chamber: D.C. Circuit Ruling a Positive Step, But Congress Should Modernize the Telephone Consumer Protection Act

    March 16, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today about the D.C. Circuit Court's ruling vacating portions of the Federal Communications Commission's (FCC) 2015 Telephone Consumer Protection Act (TCPA) declaratory order:... Read More

  4. Report: Asbestos Bankruptcy Trusts Running Short of Money to Pay Future Claimants, System Lacks Safeguards

    March 08, 2018 | Press Release

    WASHINGTON, D.C. -- A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) highlights that asbestos bankruptcy trusts are being depleted, jeopardizing their ability to fully compensate future claimants.... Read More

  5. Lawsuit Claiming Consumer was "Deceived" About Sugar in Jelly Beans Named Most Ridiculous of 2017

    December 21, 2017 | Press Release

    Annual List of Top 10 Most Ridiculous Lawsuits Released Today... Read More

  6. Study: Rx Drug Lawsuit Ads Cause Spike in Reports of Patient Health Incidents, Deaths

    October 25, 2017 | Press Release

    WASHINGTON, D.C. -- A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows that lawsuit ads targeting prescription drugs and medical devices have caused at least 61 serious medical events -- including six deaths -- an increase from previous reports.... Read More

  7. U.S. Chamber Announces 2017 Legal Reform Award Winners

    October 25, 2017 | Press Release

    WASHINGTON, D.C. -- The U.S. Chamber Institute for Legal Reform (ILR) today announced its 2017 Legal Reform Award winners at its 18th Annual Legal Reform Summit.... Read More

  8. U.S. Chamber Applauds Senate Vote to Undo CFPB's Arbitration Rule

    October 24, 2017 | Press Release

    WASHINGTON, D.C. -- U.S. Chamber President and CEO Thomas J. Donohue issued the following statement today following U.S. Senate passage of H.J. Res. 111, disapproving of the Consumer Financial Protection Bureau's (CFPB) arbitration rule...... Read More

  9. U.S. Chamber Praises House Passage of Legislation to Bar Federal Agencies from Diverting Settlement Money to Third-Parties

    October 24, 2017 | Press Release

    WASHINGTON, D.C. -- Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today following the U.S. House of Representatives vote to pass the "Stop Settlement Slush Funds Act of 2017," (H.R. 732): ...... Read More

  10. Survey: 85 Percent of EU Consumers Support Safeguards Against Abuse Built Into Collective Action Lawsuit Systems

    September 28, 2017 | Press Release

    ... Read More

  11. Survey: Georgia's Lawsuit Climate Ranking Hits All-Time Low

    September 18, 2017 | Press Release

    WASHINGTON, D.C. - In its worst showing ever, Georgia's lawsuit climate ranked number 40 out of 50 in a new national survey recently released by the U.S. Chamber Institute for Legal Reform (ILR). Just five years ago, Georgia ranked number 24 in the same survey.... Read More

  1. Torts of the Future: Autonomous Vehicles

    May 17, 2018 | Research

    Among all emerging technologies examined in ILR's Torts of the Future research papers, autonomous vehicles (AVs) may be popping up in headlines more than any other. In order to respond to this trend in public policy and interest, and to provide a valuable tool for legislators, regulators, and businesses seeking to learn more about this topic, ILR has compiled insights from two years of research on emerging liability and regulation issues for autonomous vehicles.... Read More

  2. Torts of the Future II: Addressing the Liability and Regulatory Implications of Emerging Technologies

    April 18, 2018 | Research

    The second edition of ILR's Torts of the Future research examines evolutions in regulatory and liability trends for emerging technologies including artificial intelligence, virtual reality, wearable devices, and 3D printing. The research also presents a number of updated guiding principles to inform courts, legislators, and policymakers as they seek to address privacy and safety concerns without derailing or delaying innovation.... Read More

  3. Dubious Distribution: Asbestos Bankruptcy Trust Assets and Compensation

    March 08, 2018 | Research

    The asbestos bankruptcy trusts, created with the goal of sustainably processing and paying valid asbestos personal injury claims, are quickly being depleted. ILR's research finds that of the 35 asbestos trusts operating as of early 2008, 21 are paying an average of 40 percent less today than in 2008, putting future compensation for asbestos victims in doubt. The paper documents the causes of this rapid depletion, including the highly significant impact of attorney contingency fees.... Read More

  4. The Great Myths of State False Claims Acts

    February 28, 2018 | Research

    The 2018 update to "Great Myths of State False Claims Acts" shows that the whistleblowers' bar is continuing to capitalize on state qui tam False Claims Acts (FCAs), harvesting windfall awards from states and the federal government. The paper also points out that the dubious benefits of implementing a state FCA turn into a clear financial net negative when states allow their FCAs to fall out of compliance with federal standards.... Read More

  5. West Virginia's Climb: Lawsuit Climate Progress in the Mountain State and the Path Ahead

    January 10, 2018 | Research

    West Virginia has begun shedding its reputation for having one of the worst civil justice systems in the nation. The state's lawsuit climate ranked dead last or second to last in surveys of business executives and attorneys conducted eleven times over the past fifteen years--until 2017. This report explores the beginning of the state's encouraging transformation and highlights areas where it may continue this progress.... Read More

  6. ILR Research Review - Fall 2017

    November 30, 2017 | Research

    This special double-issue of the ILR Research Review features a wealth of insight and analysis on the world's rapidly changing litigation environment. The research contained in this issue targets exploitative litigation at home and abroad, examining numerous developments ranging from hyper-aggressive trial lawyer advertising in the U.S. to the imminent expansion of class actions in Europe.... Read More

  7. Unstable Foundation:
    Our Broken Class Action System and How to Fix It

    October 24, 2017 | Research

    Unstable Foundation examines the pervasive flaws afflicting the United States' class action system. Class actions rarely provide meaningful compensation for class members, and are poorly suited to deterring wrongful conduct.... Read More

  8. Collective Redress Tourism:
    Preventing Forum Shopping in the EU

    October 24, 2017 | Research

    The EU is experiencing a wave of new "collective redress" or "class action" mechanisms being introduced in the Member States. However, there is little consistency across the EU regarding when or how actions may be brought, and the features... Read More

  9. Bad for Your Health:
    Lawsuit Advertising Implications and Solutions

    October 24, 2017 | Research

    This paper documents the proliferation of alarmist, misleading ads soliciting the public to file lawsuits against prescription drug and medical device companies. The report explores how these ads exaggerate product risks, minimize benefits... Read More

  10. Recipe for Reform:
    A Proposal for Improving Canadian Class Action Procedures

    October 24, 2017 | Research

    There are serious concerns that many aspects of and developments in the class action regimes in Canada impose unwarranted burdens on defendants and the courts, at the ultimate expense of shareholders, taxpayers and consumers.... Read More

  11. Supporting Safeguards:
    EU Consumer Attitudes Towards Collective Actions
    and Litigation Funding

    September 27, 2017 | Research

    As the Commission of the European Union prepares to make a significant policy decision on collective actions (known as class actions in the United States), it is important to assess how European consumers feel about the development of these mechanisms. This survey captured 6,177 consumers in six EU Member States... Read More