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ARTICLE · 30 JANUARY 2021

Primer On The Line Between Proper And Improper Communications With Parties In A Class Action

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In Moore, et al., v. Club Exploria, LLC, No. 19-CV-2504, 2021 WL 260227 (N.D. Ill. Jan. 26, 2021), plaintiff George Moore alleged in the putative class action that the Defendant caused...

United StatesLitigation, Mediation & Arbitration
Jennifer Riley
Jennifer Riley
Michael DeMarino
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Seyfarth Synopsis: The ABA's "anti-contact" rule prohibits attorneys from communicating with represented parties concerning the subject matter of the case. In Moore, et al., v. Club Exploria, LLC, No. 19-CV-2504, 2021 WL 260227 (N.D. Ill. Jan. 26, 2021), the court sanctioned defense counsel for calling plaintiff' s cell number as part of investigating whether the number was associated with another individual in defense of plaintiff's claim that the Defendant caused telemarketing calls to be made to his phone without consent in alleged violation of the Telephone Consumer Protection Act. ("TCPA"). While defense counsel dodged most of the sanctions that plaintiff sought, the Court ordered defense counsel to pay the attorneys' fees of plaintiff's counsel associated with bringing the motion for sanctions.

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