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Financial Services Law Insights and Observations

District Court grants preliminary approval in TCPA settlement

Courts Illinois Class Action TCPA Settlement Privacy/Cyber Risk & Data Security

Courts

On November 23, the U.S. District Court for the Northern District of Illinois granted preliminary approval of a class action settlement, resolving allegations that a publishing company utilized a third party telemarketer to place newspaper delivery service advertising calls with individuals who had previously requested not to be contacted. According to the plaintiff’s unopposed motion for preliminary approval of class action settlement, the defendant, through a third-party telemarketer, sent repeated and unsolicited telemarketing calls after the plaintiff terminated his relationship with the defendant and asked not to be called. The plaintiff alleged that the defendant violated the TCPA by sending telemarketing calls to him and others, despite their phone numbers’ registration with the National Do Not Call Registry, as well as for violations of the TCPA’s internal do-not-call rules. According to the plaintiff’s motion, the settlement (if approved) would establish a settlement class of 28,412 individuals who were solicited by the defendant’s telemarketing vendor between December 11, 2017 and April 15, 2021. The settlement would provide that all class members with an identifiable address, who do not opt out, receive a distribution from the $1.7 million settlement fund, which after attorneys’ fees and costs, is estimated to be nearly $30 per person, according to the motion.