Accessibility Tools

Skip to main content

Plaintiffs’ Class Action Lawyers Go Too Far in Soliciting Clients

Written on .

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.

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
ai, human reach out
A January 20, 2026, class action filed against Eightfold AI, Inc. in California is sending shockwaves through the employer and AI community…
danger sign, skull
A second “bombshell” affecting HR pertaining to AI is a federal court ruling in New York, that a defendant’s use of AI in researching and p…
CHAT GPT
Soon after the deciding of the above-discussed case on February 17, 2026, in U.S. v. Heppner, a criminal case in the District Court for the…
avoid, wave away
There are no easy answers to the above question, but some general observations will nevertheless be made.  First, the New York district cou…
ai visualization
Perhaps the starting point is to look at the type of AI platforms generally available.  At a recent conference about AI use for HR, speaker…
june 2026 legal immigration webinar promo graphic
The webinar will cover how to deal with a worksite enforcement action and various types of immigration enforcement activities. The webinar…