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Persons who received unconsented telemarketing calls from Neptune Society can now claim benefits from a $15 million class action settlement.
Plaintiff Linda Allard began this litigation in May 2016 with a telemarketing class action lawsuit filed in a Tennessee federal court against defendant SCI Direct Inc., which does business as Neptune Society.
Allard claims Neptune Society placed telemarketing phone calls using prerecorded outgoing messages to persons who had not given the company prior express written consent to be contacted that way. She later amended her complaint to include claims that Neptune Society failed to maintain a written do not call policy and to train its employees on the use of any internal do not call list.
In May 2017, plaintiff Kelly Strache filed her own Neptune Society class action lawsuit in an Illinois state court, raising similar claims. The two plaintiffs combined their claims in September 2017, in a single telemarketing class action lawsuit filed in an Illinois federal court.
Allard and Strache are raising claims under a federal law known as the Telephone Consumer Protection Act. The TCPA creates several different protections to help individuals avoid unwanted telemarketing calls, faxes and text messages.
Among other requirements, the TCPA requires telemarketers to maintain records of persons who have opted out of receiving communications from them, and to honor those opt-out requests by not contacting those persons. The TCPA generally prohibits callers from using automated dialing equipment or a prerecorded or artificial voice to contact persons who have not granted the caller prior express consent to be contacted that way.
Companies that violate the TCPA can be liable for statutory damages of up to $1,500 per violation.
Under terms of the Neptune Society class action settlement, defendant SCI Direct has agreed to put up a settlement fund worth $15 million. This fund will be used to pay valid and timely claims from qualifying Class Members after first covering incentive awards for the class representatives, class counsel’s attorney fees and court costs, and the costs of settlement administration.
Any requests for exclusion and objections to the settlement must be submitted by Jan. 12, 2018.
