The United States Congress passed the Telephone Consumer Protection Act (TCPA) to prevent telemarketers and other types of phone solicitors from communicating with consumers, without prior consumer consent. Congress included clear language within the TCPA to prohibit the use of automated dialing systems that transmit artificial voices. Eventually courts began to broaden the interpretation of the TCPA to include lenders, debt collectors, and businesses that implemented automated dialing programs to contact consumers.
A recently approved class action settlement alleges SuperAmerica violated numerous provisions mandated by the TCPA, with the primary violation being the submission of text messages to consumers who never made prior consent. According to the SuperAmerica class action lawsuit, the company sent automated text messages to consumers that advertised products and services. Plaintiffs assert they never gave prior approval for SuperAmerica to engage in text message solicitations. The automated text message appeared throughout the day, with some of the messages transmitting while the plaintiffs slept at night.
In the class action lawsuit, SuperAmerica denied violating any of the provisions mandated by the TCPA. The class action settlement does not contain language that holds SuperAmerica legally liable.
What You Need to Know
Consumers that received a text message from SuperAmerica between January 1, 2012 and April 1, 2015 might be eligible to receive cash payments and additional benefits as the result of the class action settlement with SuperAmerica. SuperAmerica faces fines ranging from $500 to $1,500 per violations. This means SuperAmerica is potentially on the hook for $7,500 by sending five different text messages to the same consumer.. Class members have until May 15, 2017 to opt out or contest any part of the class action settlement.
Class Members who submit timely and accurate claims can expect to receive a cash award of $50 and a SuperAmerica gift card valued $50. The number of class members plays a significant role in determining the final award amount. Class members have until June 15, 2017 to file an accurate claim form. The class action lawsuit called Soular, et al. v. Northern Tier Energy LP, et al., Case No. 0:15-cv-00556-SRN-KMM, in the U.S. District Court for the District of Minnesota has scheduled a final hearing on July 28, 2017.
To learn more about the settlement, as well as any changes in the potential award, visit the case website at www.SATCPASettlement.com. Class counsel consists of J. Gordon Rudd Jr., June P. Hoidal, and Behdad Sadeghi of Zimmerman Reed LLP. Defense counsel Shawn M. Raiter represents Larson King LLP.
The SuperAmerica class action lawsuit received publicity online and during local news broadcasts. Consumers who receive automated telephone calls (robo calls) from any business should contact a consumer protection law attorney immediately.
