Santa Clara, CA: A proposed $11 million settlement has been agreed, potentially ending a Telephone Consumer Protection Act (TCPA) class action lawsuit pending against Frontier Communications Corp.
The lawsuit was filed by Diana Mey in 2013. In the complaint, Mey claims that she and thousands of others received automated telemarketing calls that were commissioned by Frontier and placed to them by Virido on the Five9 predictive dialer pursuant to a contract between Frontier and Virido using a list of telephone numbers that Frontier provided.
Under the terms of the proposed agreement, each member of the settlement class will get a base payment of $90. The balance of the fund will then be divided on a per-call basis to class members who received multiple calls.
The settlement class consists of any person or entities who received a cellphone call placed by means of what the plaintiff contends was an automatic telephone dialing system, or who received two or more calls in a 12-month period on a number that had been on the National Do Not Call Regisry for more than 30 days at the time of the calls.
In court document presented by Mey, there is a proposed class of individuals and entities that own 36,219 unique telephone numbers that have been identified as having received allegedly unlawful calls from Frontier.
Mey also pointed out that the proposed payments to potential class members exceed those handed out in other TCPA pacts that have been given court approval. She specifically cited four settlements reached since 2010 that have offered claimants payments ranging from $15 to $61.49.
The settlement requires court approval.
The case is Mey v. Frontier Communications Corp., case number 3:13-cv-01191, in the U.S. District Court for the District of Connecticut.