Nick Carter in news article assesses suit against law firm for alleged breach of robocall class-action settlement
A Massachusetts-based disability advocacy company is seeking a refund of money paid under a confidential settlement agreement to resolve robocall claims filed under the federal Telephone Consumer Protection Act.
Following the settlement, the law firm that represented the class-action plaintiffs filed a similar class action against the disability advocacy company in a separate proceeding.
In its complaint against the law firm, the disability advocacy company alleges breach of contract and fraudulent inducement.
Nick Carter told Massachusetts Lawyers Weekly that the complaint appears to be “a straight-up fraud-in-the-inducement case. If [the plaintiff] can prove those allegations, it would be entitled to the dissolution of the settlement.”
Mr. Carter, whose practice includes class-action litigation, added: “If you are reaching a settlement when you are being sued on a class-action basis, you expect not to be sued again on a class action-basis, certainly not by the same or related attorneys representing the class you just reached a settlement with.”