Paul Tassin  |  August 4, 2017

Category: Closed Class Actions

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TCPA Telephone Consumer Protection Act robocall text spam

UPDATE 2:

  • TCA viewers reported receiving settlement payments of $24.34 as of June 22, 2021.
  • Congratulations to everyone who filed a claim and got paid!

UPDATE:


Persons who received telemarketing calls on behalf of Birch Communications may qualify for payments under a recent anti-telemarketing settlement.

This robocall class action lawsuit was brought by plaintiff Abante Rooter and Plumbing, a California-based plumbing business owned by Fred Heidarpour. Abante alleged that defendant Birch Communications, a firm that provides technology and telecommunications services to businesses, placed a telemarketing call to an Abante-owned mobile phone in September 2015.

The Abante representative who took the call allegedly heard a click and a long pause before hearing a response. The click and pause were evidence that the call was placed using an automatic telephone dialing system, the plaintiff claimed.

Abante said it never gave Birch Communications its consent to be contacted in this manner.

By making such automatically-dialed and unconsented calls, Birch Communications was allegedly in violation of the federal Telephone Consumer Protection Act, or TCPA.

Generally, the TCPA forbids callers from using certain automated equipment or prerecorded messages to place calls to persons who have not previously and expressly consented to being called that way.

The TCPA also provided legal authority to set up the National Do Not Call Registry. Telemarketers that call numbers listed on that registry may be in violation of the TCPA.

Persons who receive calls that violate the TCPA may be able to bring a civil TCPA lawsuit against the caller. Plaintiffs may be able to take advantage of the TCPA’s statutory damages provisions, which provide for $500 to $1,500 in damages for each violating call.

Before filing this TCPA lawsuit, Abante wrote to Birch Communications asking if Birch had Abante’s prior express consent to place robocalls to Abante. Birch responded – incorrectly – that the TCPA does not apply to business numbers.

Under terms of this TCPA class action settlement, Birch Communications has agreed to set up a $12 million settlement fund. The fund will cover payments to be distributed to Class Members who submit valid and timely claims. It also covers an incentive award for Abante Rooter and Plumbing as the named plaintiff, court costs and attorneys’ fees, and the costs of administering the settlement.

Who’s Eligible

Class Members eligible to make a claim include persons who, on or after Oct. 27, 2011, were called by Meehan Marketing, Proficient Marketing Group, or Wellfleet Communications in an effort to promote Birch Communications services; and those calls either were placed to a cellular phone using an automatic telephone dialing system or prerecorded voice, or were placed two or more times within a 12-month period to a residential telephone number that was listed on the National Do Not Call Registry.

Potential Award

Up to $200.

Class Members who submit valid and timely claims can get payments estimated to be worth $100 to $200 per claim. Claims are scheduled to be paid in two payments, the first in December 2018 and the second in June 2020.

Proof of Purchase

The settlement administrator does not request any other documentation besides the information requested on the Claim Form.

Claim Form Deadline

8/22/2017

Case Name

Abante Rooter and Plumbing Inc. v. Birch Communications, Inc., Case No. 1:15-cv-03562-AT, in the U.S. District Court for the Northern District of Georgia

Final Hearing

10/13/2017

Settlement Website
Claims Administrator

Birch Communications Settlement
Settlement Administrator – A.B. Data Ltd.
P.O. Box 173001
Milwaukee, WI 53217
1-866-778-9469

Class Counsel

Edward A. Broderick
Anthony Paronich
BRODERICK & PARONICH PC

Matthew P. McCue
THE LAW OFFICE OF MATTHEW P. MCCUE

Steven H. Koval
THE KOVAL FIRM LLC

Defense Counsel

Gregory R. Hanthorn
JONES DAY

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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53 thoughts onBirch Communications TCPA Class Action Settlement

  1. Madeline says:

    I AM WAITING FOR MY FINAL PAYMENT AS WELL. STATED WOULD RECEIVE JUNE 2020 ONLY ONE DAY LEFT IN JUNE 2020

    1. Madeline Jones says:

      IT’S ALMOST OCTOBER AND STILL NO LAST PAYMENT I FEEL I WIIL STOP FILING CLAIMS ON HERE THIS IS NOT ACCEPTABLE. I WAS PAID 96.00 IN 2017 AND TOLD I WOULD RECEIVE MY LAST PAYMENT IIN JUNE 2020…YEAH RIGHT

    2. Debbie McGarry says:

      It is now Feb 2021 Birch hasnt paid their 2nd payment I called them one day Lady who answered was very rude I am going to work on this and see whats up I thought it was slow because of covid now I dont think so

  2. Sharonda Jackson Mimms says:

    I got my 1st check of 104.55 back in Jan 2019. The second check should come out this month of June. I don’t know the date.

  3. Sharonda Jackson Mimms says:

    I received mine dated 12/28/2018 of 104.55. I’m currently waiting for the payment in June 2020…Yeah it’s real I cashed at my bank with no problem….

  4. Jennifer Robinson says:

    I received my check a few weeks ago for $387.21.

    1. Liam says:

      How did you get the much if max is $200

  5. Denise Weber says:

    Just checking out the website

  6. John says:

    Never received anything.

    1. Top Class Actions says:

      You can contact the settlement administrator with any questions about the status of your claim: info@BirchTCPA.com

      1. John says:

        Yeah I did that. They’re saying We did not have a notice record for you so you were not eligible.
        But yet they sent me a postcard that said that they did call and I was qualified.
        I know you can’t do anything.
        I’m just saying how some of the classactions are lieing to qualified people.

      2. John says:

        It is not fraud.
        I even keep these postcards that I get from these.

      3. Steven says:

        Its not Fraud. I didnt ask these people to constantly call me. I am sick to death of telemarketers. I got my 2018 payment and look foward to 2020’s. I am grateful someone sued them.

  7. Onie Brantley says:

    I received my check today, $104.55. I read the online information to make sure it was real and it stated it was for the settlement for robo calls we all get and hate. I still receive some daily. The website states it is the first installment and second will be 6/2020. I will be waiting for it!! Thank you for making them accountable o

  8. CJ Glover says:

    Got mine today. Issued 12/28/2018 for $104.55. Letter states it (represents the 1st round payment of your “pro rata” share of the settlement.) It does not state any dates for additional payments. Must be cashed by April 27,2019

    1. Kenneth Conway says:

      Got mine yesterday it also dated 12/28/2018 and stated that it had to be cashed by April 27, 2019. And stated first round of payments but not specified if anyone or I were getting anymore no dates were mentioned.

  9. Yvette says:

    Received my check in the amount of $104.55. It was dated 12/28/18.

  10. Delane says:

    I received my check today….$104…..letter states this is the 1st round payment, and the 2nd is suppose to be paid 06/2020

    1. Erica says:

      Is this a real check

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