Millward Brown TCPA Class Action Settlement

A class action settlement has been reached in the Millward Brown TCPA class action lawsuit, which resolves allegations that the global brands, media, and communications company Millward Brown LLC willfully violated the Telephone Consumer Protection Act (TCPA).

Plaintiff Aja De Los Santos claims Millward Brown made survey calls to consumers cell phones using an automatic telephone dialing system (or ATDS) without first receiving consent from the cell phone users and/or subscribers. She filed this TCPA class action lawsuit in July 2013, seeking statutory damages from Millward Brown for herself and a Class of cellphone consumers contacted by the company.

De Los Santos alleges she received an unsolicited telephone call from Millward Brown in January 2013. According to the Millward TCPA class action lawsuit:

“Upon answering this telephone call, the Plaintiff was first met with a noticeable period of ‘dead air’ while the caller’s telephone system attempted to connect her with a live agent. Once connected, the caller identified himself as an agent of Millward Brown, and attempted to offer the Plaintiff a gift card if she agreed to take a survey about her familiarity with popular brand-name products. Plaintiff has never patronized Millward Brown, nor had any previous contact with said company.”

After this alleged TCPA violation incident, De Los Santos received several more calls from a Millward Brown agents, making similar gift card survey offers. The plaintiff alleges the way in which she was contacted by Millward Brown suggests that the company used an automated telephone dialing system that does not require human intervention to complete the calling process.

After nearly two years of litigation, the parties have agreed to a TCPA class action settlement, which will resolved the plaintiff’s claims stated above. Should the court grant the settlement agreement final approval, Millward Brown has agreed to pay $11,000,000 to the plaintiff, plaintiff’s counsel, and the TCPA Class.

Millward Brown denies the allegations, but has agreed to a TCPA class action settlement to avoid the uncertainty of further litigation and court expenses.

Who’s Eligible

The proposed and provisionally certified TCPA Settlement Class will include:

“[A]ll persons in the United States who on or after July 9, 2009 through February 10, 2015, received one or more non-emergency contacts from Millward Brown, LLC or any of its agents, parents, affiliates or subsidiaries, to their cellular telephone through the use of an automatic telephone dialing system and/or an artificial or prerecorded voice for which they did not consent.”

Millward Brown states in their records that if you received a postcard via mail, then you may meet the TCPA class action settlement criteria and may be considered a Millward Brown TCPA Class Member.

Potential Award

Up to $50. Each Millward Brown TCPA Class Member that submits a valid claim form and also does not exclude themselves from the TCPA Settlement Class will be eligible to receive a settlement check of up to $50.

Proof of Purchase

If the proposed TCPA settlement receives final approval from the court, you will automatically be included as a Millward Brown class action settlement Class Member. You will need to fill out a valid claim form before or on April 27, 2015, and submit the claim form via online or mail in order to receive a portion of the settlement fund.

Claim Form

Claim Form Deadline

04/27/2015

Case Name

De Los Santos v. Millward Brown Inc., Case No. 9:13-cv-80670-DPG, in the U.S. District Court for the Southern District of Florida

Final Hearing

06/12/2015

Settlement Website

www.MBTCPASettlement.com

Claims Administrator

Santos v. Millward Brown, TCPA
c/o Heffler Claims Group
P.O. Box 460
Philadelphia, PA 19105-0460
1-888-271-4789

Class Counsel

LAW OFFICE OF SCOTT D. OWENS, ESQ.
BRETT L. LUSSKIN, ESQ.
KEOGH LAW LTD.

Defense Counsel

DAVID & GILBERT LLP