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P.I.: Other | Massachusetts
Order
Judge Indira Talwani: ELECTRONIC ORDER entered. ELECTRONIC ORDER: After review of Plaintiff’s counsel’s further response to this court’s Electronic Order 26 , see Notice 27 , and Retainer Agreement and Text Message 33 (filed under seal), the court finds that no sanctions are warranted in this matter. The court cautions Kopelowitz Ostrow P.A. (“KO”), however, that Plaintiff’s understanding that she was not represented by Plaintiff’s counsel was not at all surprising in light of the firm's procedures for signing up clients. In their Response to Defendant’s Letter 22 , KO explained that “[u]pon seeing that KO was investigating data breaches via a Facebook campaign, Plaintiff clicked on a Facebook link and submitted the retention agreement to KO on March 1, 2025, populating her name and contact information and signing the agreement electronically through the program used in the campaign.” Response 3-4 25 ; see also Exhibit B [27-1]. But the form that Plaintiff submitted electronically did not highlight that she was entering into a retention agreement. Instead, in large font, the form stated “PLEASE ANSWER THE QUESTIONS TO HELP US DETERMINE IF YOU ARE ELIGIBLE TO MAKE A CLAIM.” Sealed Filing 33 . Further down, after the portion of the form seeking contact information to determine eligibility, the form continued with the Retention Agreement. The first paragraph of that Retention Agreement states, however, that “The Agreement shall be entered only after Counsel has counter-signed the Agreement, so that both Client and Counsel have signed. Absent Counsel’s counter-signature, this Agreement creates no relationship, obligation, or duty between Client and Counsel.” Id. Although the copy of that form submitted to the court under seal is counter-signed by counsel with a wet signature, the date that counsel signed is blank, and nothing in the record suggests that a copy of that counter-signed document was provided to Plaintiff. The court strongly recommends that KO modifies the above procedures so that potential clients do not authorize KO to proceed with a claim before KO advises them that they are eligible to proceed and that KO has agreed to represent them.(SP)
ELECTRONIC ORDER: After review of Plaintiff’s counsel’s further response to this court’s Electronic Order 26 , see Notice 27 , and Retainer Agreement and Text Message 33 (filed under seal), the court finds that no sanctions are warranted in this matter. The court cautions Kopelowitz Ostrow P.A. (“KO”), however, that Plaintiff’s understanding that she was not represented by Plaintiff’s counsel was not at all surprising in light of the firm's procedures for signing up clients.
In their Response to Defendant’s Letter 22 , KO explained that “[u]pon seeing that KO was investigating data breaches via a Facebook campaign, Plaintiff clicked on a Facebook link and submitted the retention agreement to KO on March 1, 2025, populating her name and contact information and signing the agreement electronically through the program used in the campaign.” Response 3-4 25 ; see also Exhibit B [27-1]. But the form that Plaintiff submitted electronically did not highlight that she was entering into a retention agreement. Instead, in large font, the form stated “PLEASE ANSWER THE QUESTIONS TO HELP US DETERMINE IF YOU ARE ELIGIBLE TO MAKE A CLAIM.” Sealed Filing 33 . Further down, after the portion of the form seeking contact information to determine eligibility, the form continued with the Retention Agreement. The first paragraph of that Retention Agreement states, however, that “The Agreement shall be entered only after Counsel has counter-signed the Agreement, so that both Client and Counsel have signed. Absent Counsel’s counter-signature, this Agreement creates no relationship, obligation, or duty between Client and Counsel.” Id. Although the copy of that form submitted to the court under seal is counter-signed by counsel with a wet signature, the date that counsel signed is blank, and nothing in the record suggests that a copy of that counter-signed document was provided to Plaintiff.
The court strongly recommends that KO modifies the above procedures so that potential clients do not authorize KO to proceed with a claim before KO advises them that they are eligible to proceed and that KO has agreed to represent them.
Order on Motion for Leave to Appear
Judge Indira Talwani: ELECTRONIC ORDER entered granting 30 Motion for Leave to Appear Pro Hac Vice and granting 31 Motion for Leave to Appear Pro Hac Vice. Added Jeff Ostrow and Jonathan M. Streisfeld. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (SEC)
Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account.
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