On January 27, the U.S. District Court for the District of Minnesota, granted final approval of a $7.05 million class action settlement between consumers and a large national retailer for allegedly making robocalls. The lead plaintiff filed a proposed class action suit in 2016 against the retailer claiming that it used an automated dialing system to place collection calls to his cell phone in violation of the TCPA. The suit additionally asserted that some plaintiffs were charged by their cellphone service providers for these collection calls.
According to the settlement approval order, the settlement class includes individuals who received debt collection calls on their cell phones from the retailer between March of 2012 and May of 2018. Additionally, the court determined that, among other things, (i) the notice plan is the best plan practicable and provides sufficient notice to class members; (ii) the settlement is “fair, reasonable, and adequate”; and (iii) the class was adequately represented in the settlement negotiations. The court approved attorneys’ fees and costs of nearly $2 million, and an incentive award of $10,000 to the lead plaintiff, both to be paid out of the funds of the settlement.