Here’s One Class Action Ted Frank Won’t Be Objecting To

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By Perry Cooper

Frequent class settlement objector Ted Frank won’t be objecting to this class action—here, he’s the lead plaintiff ( Frank v. BMOCorp. Inc. , E.D. Mo., No. 17-870, complaint filed 3/10/17 ).

Frank turned to Edelson P.C., a plaintiffs’ class action firm focused on technology and privacy, to file his putative class suit over unsolicited robocalls. He alleges BMOCorp. Inc. made calls to his cell phone without his consent in violation of the Telephone Consumer Protection Act.

Frank has made a career out of challenging class settlements that he says over-reward class counsel at the expense of class members. That makes him seem like an unlikely plaintiff for a class action, but he insists he’s not opposed to class actions per se.

“I’ve always supported class actions as a procedural device, and merely oppose their misuse,” he told Bloomberg BNA in an emailed statement.

Common Ground

Having Frank on board gives the suit particular heft, Edelson partner, Jay Edelson in Chicago, told Bloomberg BNA in an email.

“We were very honored that Ted asked our firm to represent him,” Edelson said. “Given his many accomplishments in improving the practice of class actions (especially in the settlement space) and his role in the case as lead plaintiff, we feel like we come into this litigation in a uniquely strong position and look forward to proving our case.”

Frank said he and Edelson likely disagree about the scope of the TCPA and Rule 23, the federal rule that governs class action procedure. “But this case in my mind is unquestionably aimed at the kind of telemarketing abuse the TCPA outlaws and I’m happy we have common ground here,” Frank said.

BMOCorp. didn’t respond to an email request for comment.

Edelson P.C. filed the complaint on behalf of Frank, who is director of the Competitive Enterprise Institute’s Center for Class Action Fairness.

To contact the reporter on this story: Perry Cooper in Washington at pcooper@bna.com

To contact the editor responsible for this story: Steven Patrick at spatrick@bna.com

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