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Damages – Class action settlement – Cy pres award | Massachusetts Lawyers Weekly

Damages – Class action settlement – Cy pres award | Massachusetts Lawyers Weekly
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A Practical Guide to the Undistributed Settlement Funds Problem and the Cy Pres Solution

Unclaimed TCPA Funds To Be Distributed To Charity or Government

Advertisement Despite Absence of Settlement, Unclaimed Funds To Be Distributed To Government Or Charity Rather Than Revert To Dish Network Friday, November 6, 2020 Last week, the federal judge presiding over a class action against Dish Network (“Dish”) denied a request for reversion of $11 million in unclaimed funds, deciding instead that the funds which were the product of a trial rather than a settlement should escheat to the government or be donated to a charity.   See Krakauer v. Dish Network, LLC, No. 14-0333 (M.D.N.C. Oct. 27, 2020). In denying Dish’s request for reversion, the court explained that “[t]he TCPA is a deterrence statute, and reversion does not support th[at] statutory goal.”  

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