On December 14, the parties in Mey v. Frontier Communications Corp. filed a motion for preliminary approval of a settlement of a Telephone Consumer Protection Act class action.
According to the Complaint, Frontier, a telephone company that offers voice, broadband, satellite video, and wireless internet data access for individuals and small businesses, uses telemarketing to generate sales. Frontier supposedly called the named plaintiff on two occasions in 2013. Plaintiff claims that the calls were made using an automatic telephone dialing system to telephone numbers that were on the national Do Not Call Registry.
After more than three years of litigation, the parties reached a class settlement. The settlement class consists of all persons within the United States to whom Frontier, or any party acting on Frontier’s behalf, since August 20, 2009: (a) initiated more than one telemarketing call within a 12-month period to any number on the national Do Not Call Registry; and/or (b) initiated one or more telemarketing calls [to any number] assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call.
The class consists of 36,219 unique telephone numbers. The settlement class will share an $11 million common fund, with each class member to receive at least $90 and the balance of the fund to be divided on a per–call basis to class members who received multiple calls.
The Frontier settlement is the latest in a string of recent TCPA class action settlements affecting a wide range of industries.