In a decision that may have far-reaching consequences, a divided panel of the Eleventh Circuit ruled that incentive awards to named plaintiffs - which are routine in TCPA and other class action settlements - are improper. See Johnson v. NPAS Solutions, LLC, No.
18-12344, 2020 WL 5553312, at *1 (11th Cir. Sept. 17, 2020). Despite acknowledging that incentive payments are commonplace in modern class action litigation, the majority held that such awards are prohibited under "on-point Supreme Court precedent" from the late 1800s and required reversal of the district court's approval of a $1.4 million class settlement.
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