Tuesday, July 8, 2014

Home Alarm TCPA Settlement over violated calls

In Home Alarm TCPA Settlement over violated calls, class members who are eligible may get up to $500 by submitting a valid claim form online at HomeAlarmTCPASettlement.com.

Vivint, Inc., (also called APX Alarm Security Systems), has reached a $6 million class action lawsuit settlement over claims that the company violated different consumer privacy rights, plus the Telephone Consumer Protection Act (“TCPA”) while promoting Vivint home alarms and services. The Home Alarm TCPA settlement will resolve allegations that telemarketers violated federal law by using an auto-dialing system or prerecorded messages at Vivint’s direction (and without express permission) to contact persons and entities in the United States since September 2008.

Class Action Lawsuit
As per the Better Business Bureau, around 1,441 complaints were filed within the last year against Vivint/APX, and around 4 states have filed government actions against Vivant/APX for a range of violations, including operating without a license and using false advertising or misleading sales tactics. Vivint denied the claims but agreed to a $6 million class action settlement to resolve the litigation and pass up the cost of going to trial. A federal judge preliminarily approved the Vivint TCPA class action settlement on June 9, and a Final Fairness Hearing will be on August 25.


The total amount of the settlement funds is $6 million, and you will receive a portion of this amount while the greater part of the funds will go towards payment of lawyers’ fees. They will receive 33 1/3 percent of the funds, while some of the funds will also go towards payment of administrative costs, and payment of the plaintiffs ($20,000). Class members, who submit their claim form online on time, could receive up to $500. In case, numerous people are submitting their claim form, you may end up getting less as the settlement amount will be pro rated among all those who are eligible to get payment.

To make a claim, you have to complete and send in a Claim Form certifying that you received one or more “Covered Calls” in favor of Vivint Inc. on or after September 17, 2008. “Covered Calls” means either (a) a pre-recorded call advertising Vivint goods or services; (b) a telephone call made through the use of automated dialing equipment; or (c) 1+ telephone call in a 1 year period promoting Vivint goods or services to a number registered on the National Do Not Call Registry or Vivint's internal Do Not Call list. You can read all of the details about the Proposed Settlement by visiting HomeAlarmTCPASettlement.com, or calling 1-866-797-0862.

Vivint TCPA Class Action Lawsuit Settlement details:

Case Name: Benzion v. Vivint, Inc., Case No. 12-cv-61826-WJZ, in the U.S. District Court for the Southern District of Florida.

Settlement website: homealarmtcpasettlement.com
Submit claim form: secureclaims.abdata.com
Claim form deadline: July 28, 2014
Final hearing date: August 25, 2014
Potential Award: Up to $500, which can be decreased pro rata based on the number of eligible claims filed.
Proof of Purchase: You should mention the telephone number on which you received the call and approximate date of the call.

Claims Administrator:
Vivint TCPA Settlement
Claims Administrator
c/o A.B. Data, Ltd.
PO Box 170300
Milwaukee, WI 53217.

Class Counsel:
THE LAW OFFICE OF MATTHEW P. MCCUE
BRODERICK LAW, P.C.
SCOTT D. OWENS, P.A.
MAROVITCH LAW FIRM, LLC
BURKE LAW OFFICES, LLC

Defense Counsel:
MCDONALD HOPKINS, LLC
LOCKE LORD, LLP

5 comments:

  1. have payments been mailed?

    ReplyDelete
    Replies
    1. Yes, Payment details have been mailed by the end of November.

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  2. Was the Final Hearing held in August 2014? When will payments be made?

    ReplyDelete
    Replies
    1. call the Settlement Helpline at 866-797-0862

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  3. What to do if you have not hear from know one

    ReplyDelete