Top Class Actions  |  August 9, 2019

Category: Closed Class Actions

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This settlement is closed!

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woman receiving unwanted phone call from enagic

Disgruntled consumers have secured a settlement worth up to $27.6 million resolving claims that the water filter company Enagic sent out a deluge of unwanted telemarketing calls.

Class Members include those who received a robocall from Enagic or any of its distributors between July 8, 2011 and March 13, 2018. The call must have been made by an automatic dialing system or used a prerecorded voice.

Lead plaintiffs alleged that Enagic, a company that sells alkaline water filtration and ionization systems through direct sales, peppered consumers with unwanted telemarketing calls urging them to buy systems and also become distributors for the company.

According to the Enagic auto dialer class action lawsuit, the company violated federal consumer protection law when it used “robocalling” to contact consumers who had not given their permission to receive such telemarketing calls from the company.

The plaintiffs contended that Enagic violated the Telephone Consumer Protection Act, or TCPA. The TCPA is a federal law that protects consumers from certain telemarketing activity, including the use of automatic dialing systems and prerecorded messages. The TCPA also requires companies to obtain permission to call consumers with marketing messages prior to making those calls.

In the Enagic class action lawsuit, several plaintiffs complained that they had received both unauthorized telemarketing calls and prerecorded messages from the company. One plaintiff alleged that she had never worked with the company before receiving the calls.

Enagic agreed to pay $27.6 million to settle the auto dialer class action lawsuit. Of that amount, Class Members can expect to share $21.6 million, resulting in an award of approximately $12 each.

Enagic also agreed to a $6 million injunction as a part of the settlement, which will cover the cost of training distributors about how to be in compliance with the TCPA, as well as auditing, monitoring and reporting of this compliance to Class counsel twice each year.

Class Members will need to submit a claim via mail or online by Nov. 14, 2019 to receive payment. Class Members must provide their phone number or Claim ID from the settlement notice. Class Members who have not received notice of the Enagic class action settlement can update their mailing address or contact the settlement administrator for more information.

The deadline for Class Members to object to or opt out of the settlement agreement is Nov. 14, 2019.

Who’s Eligible

Class Members include those who ” received a telephone call from Defendant or one of its Distributors through the use of any automatic telephone dialing system or an artificial or prerecorded voice, between July 8, 2011 and March 13, 2018, and you did not consent to receive such calls.”

Potential Award

$12 

Proof of Purchase

Phone number or Claim ID

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

11/14/2019

Case Name

Edward Makaron v. Enagic USA Inc., Case No. 2:15-cv-05145, in the U.S. District Court for the Central District of California

Final Hearing

01/13/2020

UPDATE: The Enagic Auto Dialer Class Action Settlement was granted final approval on January 15, 2020. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

EnagicTCPASettlement.com

Claims Administrator

Makaron v. Enagic USA, Inc.
c/o Postlethwaite & Netterville
P.O. Box 3518
Baton Rouge, LA 70821-3518
(888) 662-7142

claims@EnagicTCPASettlement.com

Class Counsel

LAW OFFICES OF TODD FRIEDMAN PC

Defense Counsel

BUCHALTER APC

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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9 thoughts onEnagic Auto Dialer Class Action Settlement

  1. Donna Boyd says:

    They sent out the checks & received $12.00.

  2. NJ says:

    Received.

  3. Sharon says:

    In mail today in WI.

  4. Tammy Nash says:

    Add me

  5. Susan Griffiths says:

    Add me

  6. Heather Mackie-Larson says:

    Please add me into this claim.

  7. Moneekia Hill says:

    Please add me to this claim

  8. Washed Up says:

    Crazy to think MLMs and similar companies still fail to perform due diligence in marketing claims & laws. Not the aforementioned, of course.

  9. Brenda Reed says:

    Add me Please

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.