CBA Supports Fairness in Class Action Litigation Act

On Thursday, January 7, 2016, CBA sent a joint trade letter  to Congressional leadership in support of the Fairness in Class Action Litigation Act (FICALA), H.R. 1927, which is expected to receive a vote by Friday, January 8, 2016.  FICALA seeks to curb litigation abuses in Telephone Consumer Protection Act (TCPA) class actions and other types of litigation where parties in overbroad classes do not have the same injuries as the representative plaintiff.  Notably, the letter asserts: “FICALA would help courts and litigants eliminate the problems with overbroad classes that include persons who cannot allege they sustained injuries like the representative plaintiff by establishing a consistent rule for the similarity in type and scope of injury to be required for class membership. Moreover, FICALA would ensure class procedures can be followed in a manageable fashion by ensuring that the scope of damages for all class members is the same.”