A class action settlement was reached in an energy do not call claim. The claimants said calls soliciting energy items had been made to multiple cell phones violating the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”). The case is Abramson v. Alpha Gas & Electric, (N.Y 2017), Case No. 7:15-CV-05299-KMK. The Court notice says,
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
THIS NOTICE CONCERNS SETTLEMENT OF A LAWSUIT THAT MAY ENTITLE YOU TO RECEIVE A PAYMENT
This is a Notice of a proposed Settlement in a class action lawsuit Abramson v. Alpha Gas and Electric, LLC, United States District Court for the Southern District of New York, No. 15-CV-05299-KMK (the “Action”). The settlement would resolve claims against defendant Alpha Gas and Electric, LLC (“Alpha”) arising from telemarketing calls made by it to cellular telephone numbers in alleged violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”).
WHAT IS THE LAWSUIT ABOUT?
The lawsuit alleges that telemarketing calls made by Alpha to consumers’ cellular telephone numbers violated the TCPA. Alpha has asserted, as a defense in the Action, that it should not be held liable for the calls at issue. This settlement does not resolve that disputed issue, or the disputed question of whether the calls violated the TCPA. The Court has preliminarily certified this matter as a class action for settlement. You are a member of the Settlement Class if you are included in the following:
All persons in the United States who, from July 8, 2011 through November 10, 2016, who subscribed to, used, or who owned any of the phone numbers listed on the Class List and who received phone calls from any of the Released Parties using an automated telephone dialing system, or prerecorded voice, or who were listed on the Do Not Call list or otherwise did not consent to the receipt of such calls, or who otherwise have claims against the Released Parties arising under the TCPA or similar federal, state or local laws governing such matters, including without limitation the claims alleged in the Action,
including calls placed to cell phones without the recipients’ consent.
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