Tonya Andersen Trying To Turn Her Lawsuit Against The RIAA Into A Class Action

from the might-not-be-the-best-idea dept

Tanya Andersen has been fighting back against a bogus RIAA lawsuit for a while, and got some attention earlier this summer when she accused the RIAA of breaking the law with its investigation technique. It's also one of a few cases that have questioned whether or not the RIAA's settlement offer process can be considered illegal racketeering. However, she's now looking to turn her lawsuit into a class action case, covering all of those who have been sued by the RIAA. It may be quite difficult to convince a judge that this really deserves class action status, but if it gets that far, it'll certainly be fun to watch. It's been pretty clear for quite some time that the RIAA is abusing the process by making it cheaper to settle than even to defend your innocence (which sounds mighty similar to the classic shakedown). However, whether or not you can build a class out of those offered settlement deals (or sued) isn't entirely clear. But, if it can actually get somewhere, then it might finally make the RIAA recognize that it's practices are questionable. So far, every time someone has accused them of anything like this, they just try to get out of the case and move on to suing others who are less likely to fight back.

Filed Under: class action, racketeering, riaa, rico
Companies: riaa

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  1. identicon
    Anon2, 20 Aug 2007 @ 9:18am

    Re: Re: the lawyers should be upfront about how m

    It's not a matter of the court "altering" the fees if unfair -- in a class action, it's the court that decides how much the lawyers will get paid at the end if they were successful, and the law requires the court to award only so much as would be fair and reasonable both to the lawyers and more importantly to the members of the class. Moreover, whoever above said that the named plaintiffs will take most, that's ridiculous -- it's impermissible under the law and the applicable rules, and recently some people in Florida that tried to do just that were hammered by the court and may even go to jail. Nor can they just take whatever is unclaimed at the end. All of this is subject to a court's close supervision in the class action context. Yes, the named plaintiffs will usually get a larger share to compensate them for the substantially greater amount of time and energy they've devoted to the case, but nowhere near the percentages someone above tossed around.

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