Anyone who received a robocall from the campaign of former Illinois Gov. Bruce Rauner could be in line for a share of a $1 million settlement fund – though how much will depend on how many people submit valid claims.
However, it is likely the lawyer who brought the class action lawsuit against Rauner’s campaign organization will claim up to one-third of the total available money.
In early September, a Chicago federal judge is expected to consider granting final approval to the settlement agreement reached between attorney John Sawin, of Chicago, representing a class of potentially thousands of once and former Illinoisans, and Citizens for Rauner Inc.
John Sawin
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The deal would bring to a close a class action lawsuit Sawin filed against the Rauner campaign more than three years ago.
Rauner was defeated in that race by Illinois’ current governor, Democrat JB Pritzker. At the time of the filing of the lawsuit, Rauner had just defeated challenger Jeanne Ives in the Republican primary election.
Rauner was governor of Illinois from 2015-2019.
The lawsuit asserted the TCPA prohibited those automated and prerecorded calls.
According to Garvey, a typical message stated:
“Hi, this is Bruce Rauner. I'm callin' to ask for your vote in Tuesday's primary election. Illinois is worth fightin' for and with real reform together we can bring back Illinois and provide the future our children deserve. Please join me in the fight against Mike Madigan and his special interest allies. I'm askin' for your vote on Tuesday, March 20.”
In the complaint, Sawin and Garvey estimated “hundreds or likely thousands” of people received such messages, allegedly in violation of the TCPA, in 2018.
The complaint was initially filed in Cook County Circuit Court, but was transferred to federal court by the Rauner campaign.
The lawsuit continued for more than three years, before the two sides filed the proposed settlement agreement with U.S. District Judge Jorge Alonso this spring.
Alonso granted the deal preliminary approval in May.
Under the agreement, Citizens for Rauner would pay $1 million into a settlement fund.
People who claim to have received robocalls from the Rauner campaign would then be eligible to submit claims for a cut of the fund that remains after Sawin is granted attorney fees and administrative costs are paid.
Under the deal, Sawin is allowed to request up to one-third of the settlement, or about $330,000. He is required to file his request for fees by July 28, according to Alonso’s order.
Once those costs are paid, people who file claims will get paid. However, the amount of payment will depend on how many people file claims. Only those who file eligible claims will be paid from the settlement fund, according to settlement documents.
The claim form requires claimants to supply identifying information, and to provide the phone number on which they claim to have received a robocall.
The settlement documents do not estimate what a typical payment would be, at this point.
Claims must be received by Aug. 11.
Judge Alonso has scheduled a hearing to consider final approval of the settlement on Sept. 7.
Rauner and his campaign have been represented by attorney Kevin M. O’Hagan, and others with the firm of O’Hagan Meyer LLC, of Chicago, and Jordan P. Vick, of Seyfarth Shaw LLP, of Chicago.