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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
A $6 million settlement has been reached in a class action lawsuit against RCN Telecom Services that alleges the telecommunications provider violated the Telephone Consumer Protection Act by placing unsolicited phone calls to consumers without their consent.
Plaintiff Eric Seal brought the TCPA class action lawsuit against RCN Telecom Services stating that as part of the company’s business practices, RCN Telecom places automated calls via a predictive dialer coupled with an automated telephone dialing system featuring a prerecorded or artificial voice, in an effort to collect on an alleged debt or other business reasons including scheduling installation appointments and providing service appointment reminders.
The class action lawsuit claims that many of these robocalls made by RCN Telecom were placed 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.
The plaintiff also alleges that RCN Telecom made more than one marketing call in a 12 month period after receipt of an opt-out request in violation of the TCPA.
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. The TCPA provides for statutory damages of $500 for each call made in violation of the Act.
Under the terms of the $6 million TCPA settlement, RCN Telecom has agreed to pay up to $140 per valid claim as well as court-approved incentive awards to the Class representatives in the amount of $10,000.
The settlement also provides that a portion of the settlement fund goes toward claims administration costs not to exceed $200,000 and attorneys’ fees not to exceed $1.9 million or one-third of the settlement fund.
RCN Telecom has not admitted liability for TCPA violations and enters into this settlement solely to avoid the expense and inconvenience of litigation.
Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Feb. 1, 2017.
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
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
UPDATE: The RCN Telecom Services TCPA settlement received final approval from the court on February 24, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: On Dec. 21, 2017, Top Class Actions viewers who filed a valid claim for the RCN TCPA class action settlement started receiving checks in the mail worth $140. Congratulations to everyone who filed a claim and got PAID!
Settlement Website
www.RCNTCPASettlement.com
Claims Administrator
RCN TCPA Settlement Administrator
c/o Epiq Systems Inc.
PO Box 4153
Portland, OR 97208-4153
1-844-418-6625
Email: info@RCNTCPASettlement.com
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
Join a Free TCPA Class Action Lawsuit Investigation
If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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117 thoughts onRCN Telecom Services TCPA Class Action Settlement
Want the Settlement Administrator and Attorneys (McMorrow) to know that many people who filed a claim and WERE called by RCN, did not get paid. My claim number is NXUMTURB and I, like so many others have not been paid or received any correspondence. I think it is time to hire an attorney to look at the Settlement Administrator and McMorrow. I am also calling our state’s attorney general office. This is indeed a ripoff. I have also emailed the administrator and attorney several times and was told payment is pending. I can be contacted at any time.
Received a card stating that RCN Telecom did not call me because it doesn’t have my record in it’s database. This is totally BS, I know they called me and I also registered them with the Do Not Call List and I still continued to get calls. These people are totally rip offs, trying to keep the majority of the settlement for the lawyers. They can tell you whatever they want to tell you, because they don’t have to offer up any proof that they did not call me. I only have to give them my number and they will pick to see if they want to pay me or not.
I just wanted everyone who comes here and visits this site, to know that RCN Telecom Services LLC are a bunch of crooks and don’t waste you time in waiting to receive a check, because I am sure the money is already paid to the lawyers.
Any responses from admin ?
I didn’t get mine yet either!
Anyone who contacted claims admin about not receiving payment, ever heard back yet?
I contacted them as well , and have yet to receive a response.
contact class counsel Myles McGuire he responded back to me
No I have only received the generic response that it needs to be investigated wth I have also called and emailed the lawyers and still no replies!
12/18/2017 Received $140 in Missouri. Thank you TCA!
12/18 or 12/28 ? looks like checks still coming in.
Got mine BR La
Emailed claims administrator on Thursday Dec 21 to ask why hadn’t I received a payment, just got this reply today.
Thank you for your email.
We are looking into your inquiry and will get back to you as soon as possible.
Regards,
Roxanne C.
RCN TCPA Settlement Administrator
I also emailed them on Dec 20 and received the same email today.. Hopefully we will hear from them soon. Good luck
?
They told me the same thing
SAME EMAIL THEY SENT TO ME.
Got the same response on yesterday
Received a card stating that RCN Telecom did not call me because it doesn’t have my record in it’s database. This is totally BS, I know they called me and I also registered them with the Do Not Call List and I still continued to get calls. These people are totally rip offs, trying to keep the majority of the settlement for the lawyers. They can tell you whatever they want to tell you, because they don’t have to offer up any proof that they did not call me. I only have to give them my number and they will pick to see if they want to pay me or not.
I just wanted everyone who comes here and visits this site, to know that RCN Telecom Services LLC are a bunch of crooks and don’t waste you time in waiting to receive a check, because I am sure the money is already paid to the lawyers.
Nothing in cali yet
Nothing yet in NC!
Me neither