We received a NOTICE OF CLASS ACTION & PROPOSED SETTLEMENT in the mail, with a return address to the AUTO WARRANTY TCPA CLAIMS ADMINISTRATOR. A car warranty company is paying $4.2 million to settle a class because they, “Nonetheless agreed to the settlement to avoid further expense, inconvenience and distraction of burdensome litigation.” [Click Video]
No big deal? I guess. But I'll bet it is to them. We hear tell these classes alot - I'm just sayin'... it all becomes very real when you get the NOTICE! (And everything's in caps from the attorney.)
We can qualify to participate in the class by filling out the postage free note with our phone numbers if we have received a call from the Company from June, 2010 to January, 2016.
The total amount of money changing hands is substantial
although the “COURT AUTHORIZED NOTICE - THIS IS NOT A SOLICITATION FROM A LAWYER” pointed out they couldn’t make a prediction on how much money would be available from The Fund for participants. It depends on how many respondents they get.
To participate, we need to swear in writing that we received a call in the last 5 years from these guys. And they reserve the right to challenge the claim.
How tough it must be to maintain business as usual during this assault -
And other companies in this verticle whose business model depends on reaching out to cell owners, and have always done it that way, must be suffering too. Or just worrying alot.
If they follow every Telephone Consumer Protection Act rule, most think they'll go out of business. Assuming you can follow the TCPA amid all the murky and conflicting FCC and court interpretations.
Meanwhile making Attorney’s rich.
I’m just sayin’ – it all becomes very real when you receive the notice:
By checking this box I am confirming that between 6/12/10-1/28/10 I owned the telephone numbers ___________________(Please list your Do-Not-Call listed or Cellular Telephone Numbers.) I certify that the forgoing statements are true and correct.
For the rest of us, maybe it’s worth taking a look and shoring up our call compliance procedures before the next Court Order arrives.
- 7 Reasons a Litigator Scrub is essential for TCPA Compliant Calling Today
- Calling Businesses: Try a Litigator Scrub for TCPA, DNC, FDCPA and FCRA first.