Plaintiffs claim that RCN violated the federal Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227. The TCPA prohibits using an automatic telephone dialing system to make calls to cell phones without the consent of the recipient and it also prohibits making prerecorded calls or marketing calls to landlines if the recipient is listed on the national do not call list and receives more than one such call in a 12 month period.
The TCPA provides for statutory damages of $500 for each call made in violation of the Act. Plaintiffs allege that RCN made unauthorized calls in violation of the TCPA including “wrong number” calls for purposes of collecting on accounts or other business reasons and using an ATDS to place calls to the cell phones of persons who were no longer its customers but had been assigned a cell phone number which was previously assigned to an RCN customer whose service was terminated and then reassigned to them.
If more than once such call was made it is a violation of the TCPA. Plaintiffs also allege that RCN made more than one marketing call in a 12 month period after receipt of an opt-out request in violation of the TCPA. It is possible that unauthorized calls were made under other circumstances as well. If you are unsure as to whether you received an unauthorized call covered by this settlement, you may call Class Counsel toll-free at (888) 317-3843. RCN has not admitted liability for TCPA violations and enters into this settlement solely to avoid the expense and inconvenience of litigation.
Who’s Eligible
You are a member of the settlement Class if during the period:
- 4/1/11 to 10/15/13 you received an automated call on your cell phone without your consent
- 10/16/13 to 11/01/16 you received an automated marketing call on your cell phone for which you did not provide express written consent
- 10/16/13 to 11/01/16 you received an automated non-marketing call on your cell phone for which you did not provide express consent
- 4/1/11 to 11/01/16 you received more than one marketing call in a one-year period that was made by or on behalf of RCN without your consent when registered on the National Do Not Call List
- 4/1/11 to 11/01/16 you received a pre-recorded marketing call on your landline from RCN which you did not consent to receive
Potential Award
up to $140.
Each Class Member who submits a valid claim can get a payment of up to $140. In the event that the distributable settlement fund is not sufficient to allow each claimant to receive $140, the amount paid to each claimant will be adjusted downward pro rata, so as to pay all valid claims.
Proof of Purchase
N/A
Claim Form Deadline
3/15/2017
Note: According to the terms of the settlement “any Settlement Class Member that submits a claim agrees and consents to RCN subpoenaing their incoming call detail records for the Class Period from their telephone or cellular carrier(s) and shall upon request sign an authorization form to allow RCN to obtain such records on an expedited basis. The claim of any Settlement Class Member who refuses to execute such an authorization form will be denied.”
Case Name
Seal, et al. v. RCN Telecom Services LLC, Case No. 2016-CH-07073, in the Circuit Court of Cook County, Illinois, County Department, Chancery Division
Final Hearing
2/22/2017
Settlement Website
Claims Administrator
RCN TCPA Settlement Administrator
c/o Epiq Systems Inc.
PO Box 4153
Portland, OR 97208-4153
1-844-418-6625
Email: [email protected]
Class Counsel
Michael J. McMorrow
MCMORROW LAW PC
Alexander H. Burke
BURKE LAW OFFICE LLC
Evan M. Meyers
Myles McGuire
MCGUIRE LAW PC
Class Counsel is available by calling 1-888-317-3843.
Defense Counsel
Bart T. Murphy
Isaac Colunga
Martha O’Connor
ICE MILLER LLP
