A settlement has been reached in this Telephone Consumer Protection Act class-action case. The defendant has agreed to pay the class of 279 individuals a total of $450,000.00, which includes administrative costs and litigation costs, attorneys' fees, a representative incentive award as well as payment to class members. The settlement was granted preliminary approval by federal Judge Gerald A. McHugh on January 30, 2025.
The settlement class in the above-referenced case includes those individuals who received more than one telemarketing call related to newspaper subscriptions and whose telephone number was registered on the National Do Not Call (DNC) Registry for at least 31 days before the calls.
If you received notice of the settlement by mail, you are part of the settlement and entitled to compensation, and you should review the notice for your options. There will be a Final Approval Hearing at 10:00 a.m. on May 9, 2025, in Courtroom 9-B at the James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106, where the Court will consider the fairness of the settlement before granting final approval.
If you have moved you should notify the settlement administrator of your new address by emailing to info@classexpertsgroup.com or writing to Newspaper DNC Settlement, PO Box 995, Mequon WI 53092.
WHAT YOU WILL RECEIVE FROM THIS SETTLEMENT
If you do not exclude yourself from the settlement class, you will receive compensation from the class settlement fund. While the exact dollar amount you will receive will not be known until final approval, it is estimated by Class Counsel that you will receive more than $600.00 from this settlement
YOUR OPTIONS IN THE SETTLEMENT
If you want to receive a settlement payment, no action is required.
If you want to keep the right to individually sue the Defendants about the issues in this case, and you do not want to receive payment in the settlement, then you must take steps to get out of the settlement. This is called excluding yourself, or “opting out.” To request to exclude yourself, you must send a letter by mail with (a) your full name, address, and the name of the case, and telephone number; (b) your signature; and (c) state that you wish to be excluded from the class, to be excluded from the settlement, not to participate in the settlement, and/or to waive all rights to the benefits of the settlement. You must mail your request so it is received no later than April 18, 2025, Newspaper DNC Settlement Exclusions, PO Box 995, Mequon WI 53092.
If you are a class member and have not excluded yourself from the settlement, you can comment on or object to the settlement and any aspect of it. To object to the settlement, you must file and serve a written objection (such as a letter or legal brief) stating that you object and the reasons why you think the Court should not approve the settlement. Your objection must: (a) include your full name, current address, telephone number, and email address along with your signature; (b) state the basis for your objection to the settlement and include copies of any documents you wish to submit in support of your objection; (c) identify the lawyers representing you, if any, and provide their telephone number(s); and state whether you intend to appear at the Final Approval Hearing, with or without a lawyer. Your objection must be filed by April 18, 2025.
CLASS COUNSEL
Jarrett L. Ellzey and Leigh Montgomery of Ellzey & Associates, PLLC and Jacob U. Ginsburg of Kimmel & Silverman, P.C. have been appointed class counsel in this case.
CLASS ADMINISTRATOR
Class Experts Group, LLC has been appointed class administrator in this case, and will be responsible for administering payment to members from the class settlement fund.
ADDITIONAL INFORMATION
You may review the Settlement Agreement, Class Action Complaint, and Preliminary Approval Order.
You may also contact the settlement administrator at info@classexpertsgroup.com