| Volume 144 Number 7 |
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The People’s Lawyer’s Tip of the Day
Thanks to COVID-19, many charitable organizations are faced with greater demand for their services, but less in donations as people have less to give. Now, more than ever, it’s important to make sure that your donation will be used wisely and well. Tomorrow is Giving Tuesday, and as you consider new places to send your donations, now and throughout the holiday season, don’t forget these four tips for giving wisely: Click here for more.
Comcast to impose data cap for non-unlimited customers
Starting early next year, Comcast will impose a 1.2TB cap on data usage for customers in northeastern U.S. states.
The company has had a data cap in effect since 2016 for customers in other parts of the U.S. who aren’t on an unlimited plan. The change will make it so that Comcast has a data cap on all 39 states where it offers home internet service. Click here for more.
Your Money
For families, claiming the child tax credit is a powerful way to reduce their tax bill. The credit provides eligible taxpayers with a reduction in tax liability of up to $2,000 per qualifying child. Sounds pretty valuable, right? It is. So if you suspect that you qualify, it's worth exploring what the child tax credit is and how to claim it. Here's what to know about claiming the child tax credit. Click here for more.
For the Lawyers
N.J. District Court permits incentive awards for named plaintiff. As noted earlier in this Alert, in Johnson v. NPAS Sols., LLC, No. 18-12344 (11th Cir. Sep. 17, 2020), the Eleventh Circuit invalidated the use of incentive awards for named plaintiffs in a TCPA class action as inconsistent with the Federal Rules. Now, in at least one circuit, the practice has been deemed unlawful. In Johnson the court held, “A plaintiff suing on behalf of a class can be reimbursed for attorneys’ fees and expenses incurred in carrying on the litigation, but he cannot be paid a salary or be reimbursed for his personal expenses.” Although it noted that incentive awards are commonplace in class actions, the Eleventh Circuit found them to be unlawful and reversed the district court’s approval of a $6,000 payment to the class representative. District Courts in the Eleventh Circuit have already rejected class settlements that include incentive payments. At least one court outside the Eleventh Circuit, however, has recently rejected the holding in Johnson, paving the way for a circuit split. The New Jersey District Court noted that “Until and unless the Supreme Court or Third Circuit bars incentive awards or payments to class plaintiffs, they will be approved by this Court if appropriate under the circumstances. Here the incentive payments to the class plaintiffs is appropriate given their substantial contribution to the successful settlement of the case.” Somogyi v. Freedom Mortgage Corp., 2020 WL 6146875, *9 (Oct. 20, 2020) Click here for more.