Plaintiffs’ Class Action Lawyers Go Too Far in Soliciting Clients

Employers often complain about so-called "ambulance chasing" plaintiffs’ lawyers.  In a recent ruling, a federal judge in Pennsylvania chastised a plaintiffs’ law firm about its solicitation efforts and set forth guidelines about accuracy and honesty in efforts to recruit clients to join in a class action as plaintiffs.  Katz v. DNC Servs. Corp., No. 2:16-cv-05800 (E.D. Pa.) (motion to strike consent forms granted 9/28/17). 

The case was a wage-hour claim brought by a group of former Democratic Party organizers suing the Pennsylvania Democratic Party for overtime pay.  One of the statements struck down by the judge as objectionable said:  "If you do not join, you will not be entitled to and will not be able to receive any money in this lawsuit as a result of any federal wage violations committed by the DNC or the state Democratic parties."  The judge found the sentence did not make it clear that someone who doesn’t join the action could still have separate counsel and file a separate lawsuit.  The case also illustrates how a judge can supervise notification of the information provided to class or collective action members.  The judge said he required a provision to avoid "unbalanced and misleading statements" to people who may be solicited to join the case.