Foley & Lardner LLP

Class Action for Nationwide Call Center

Represented a direct-to-consumer marketing company when plaintiffs filed two companion lawsuits against our client. One was filed in federal court alleging violations of the Fair Labor Standards Act (FLSA) and seeking certification of a collective action, and another in state court alleging unpaid wages and seeking class certification. In the federal case, the court conditionally certified a collective action under the FLSA and authorized notice to the potential class. Out of a potential class of over 6,000, 237 individuals opted into the collective action. In the state case, the plaintiffs twice moved for class certification under Florida state law of the same potential class of over 6,000. The court denied class certification on both occasions and the plaintiffs filed an appeal of the state court's second denial of class certification. Following discovery, and while the state class certification decision was on appeal, we were able to reach a successfully settlement of both cases.