Oct. 1 — In yet another high-priced Telephone Consumer Protection Act settlement, AT&T Mobility LLC would under a Sept. 30 federal court proposed agreement pay $45 million to resolve putative class allegations that it called consumers' mobile phones without their consent.
The proposed no-fault settlement, filed in U.S. District Court for the District of Montana, joins several other high-dollar-value TCPA class action settlements that received preliminary or final approval in recent months (178 Privacy Law Watch, 9/15/14)(13 PVLR 1592, 9/15/14).
The plaintiffs in a $75 million proposed agreement with Capital One said that, if the court grants final approval, it would be the largest in the TCPA's history (13 PVLR 1414, 8/11/14)(152 Privacy Law Watch, 8/7/14).
The named plaintiff alleged on behalf of a proposed class that AT&T called consumers on their mobile phones using an “automatic telephone dialing system or an artificial or prerecorded voice” without their prior express consent in violation of the TCPA, 47 U.S.C. § 227(b)(1)(A).
AT&T continues to deny liability, according to the joint motion for preliminary approval of the settlement. The company, among other arguments, contends that many members of the putative class consented to such calls by providing their mobile phone numbers and that the dialing systems used by AT&T and its outside collection agencies didn't constitute an “automatic telephone dialing system,” according to the motion.
The proposed pact defines the settlement class as individuals who received calls from AT&T or one of its outside collection agencies where the person wasn't an AT&T customer at the time of the call and the mobile phone number was listed as a “can be-reached number” on two or more AT&T accounts. The proposed class has about 16,000 members, according to the joint motion.
According to the proposed pact, AT&T “has continued to implement procedures to reduce the prospects that it might call cellular telephone numbers through the use of an automated dialing system in the absence of consent.”
Each class member would be entitled to receive a payment for each call from the $45 million settlement fund, up to $500 per call, after attorneys' fees and costs, an incentive award to the named plaintiff and settlement administration costs were deducted from the fund.
Class counsel would be entitled to request up to $15 million in fees and costs, and the named plaintiff would be entitled to an incentive award up to $20,000.
Bishop & Heenan, Keogh Law Ltd. and Bingham & Lea PC represented the proposed class. Crowley Fleck PLLP and Mayer Brown LLP represented the defendant.
Full text of the proposed class action settlement and release is available at http://www.bloomberglaw.com/public/document/Hageman_et_al_v_ATT_et_al_Docket_No_113cv00050_D_Mont_Apr_09_2013.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)