7th Circuit: Class Counsel May Not Be Paid Based On Fund Value
(July 13, 2016, 12:23 PM EDT) -- CHICAGO — A class counsel’s fees in a Telephone Consumer Protection Act (TCPA) suit may be one third of the recovery claimed by class members, not one third of the total value of the fund, the Seventh Circuit U.S. Court of Appeals ruled July 8 (Ira Holtzman, et al. v. Gregory P. Turza, Nos. 15-2164 and 15-2256, 7th Cir.; 2016 U.S. App. LEXIS 12594).
(Opinion available. Document #43-160715-016Z.)
“If all class members claim their awards, this will make no difference. Under the American Rule for the...