Neptune Society ‘Do Not Call’ Class Action Settlement

Persons who received unconsented telemarketing calls from Neptune Society can now claim benefits from a $15 million class action settlement.

Plaintiff Linda Allard began this litigation in May 2016 with a telemarketing class action lawsuit filed in a Tennessee federal court against defendant SCI Direct Inc., which does business as Neptune Society.

Allard claims Neptune Society placed telemarketing phone calls using prerecorded outgoing messages to persons who had not given the company prior express written consent to be contacted that way. She later amended her complaint to include claims that Neptune Society failed to maintain a written do not call policy and to train its employees on the use of any internal do not call list.

In May 2017, plaintiff Kelly Strache filed her own Neptune Society class action lawsuit in an Illinois state court, raising similar claims. The two plaintiffs combined their claims in September 2017, in a single telemarketing class action lawsuit filed in an Illinois federal court.

Allard and Strache are raising claims under a federal law known as the Telephone Consumer Protection Act. The TCPA creates several different protections to help individuals avoid unwanted telemarketing calls, faxes and text messages.

Among other requirements, the TCPA requires telemarketers to maintain records of persons who have opted out of receiving communications from them, and to honor those opt-out requests by not contacting those persons. The TCPA generally prohibits callers from using automated dialing equipment or a prerecorded or artificial voice to contact persons who have not granted the caller prior express consent to be contacted that way.

Companies that violate the TCPA can be liable for statutory damages of up to $1,500 per violation.

Under terms of the Neptune Society class action settlement, defendant SCI Direct has agreed to put up a settlement fund worth $15 million. This fund will be used to pay valid and timely claims from qualifying Class Members after first covering incentive awards for the class representatives, class counsel’s attorney fees and court costs, and the costs of settlement administration.

Any requests for exclusion and objections to the settlement must be submitted by Jan. 12, 2018.

Who’s Eligible

There are two settlement Classes:

• The Prerecord Class: “Since October 16, 2013, Plaintiff and all persons within the United States to whose telephone number Defendant SCI Direct, Inc. placed a telephone call using CallFire, Inc.’s calling platform when that call was dispositioned as ‘Answering Machine,’ ‘Live Answer,’ or ‘Do Not Call.’”
• The DNC Class: “Since May 27, 2012, Plaintiff and all persons within the United States to whose telephone number Defendant SCI Direct, Inc. placed (or had placed on its behalf) two or more telephone calls in a 12-month period.”

Potential Award

After Court-approved fees have been paid, the $15 million settlement fund will be distributed to Class Members who filed a valid claim on a pro rata basis. Individual payments will depend in part on the number of qualifying Class Members who submit valid and timely claims.

Proof of Purchase

To submit a claim, Class Members are asked to provide a Claim ID number that appears on their individual class notice. Claimants who do not have a Claim ID can submit a Claim Form that asks them to provide the phone number at which the claimant received the phone calls at issue.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

2/13/2018

Case Name

Allard and Strache v. SCI Direct Inc., dba Neptune Society, Case No. 1:17-cv-04692, in the U.S. District Court for the Northern District of Illinois

Final Hearing

3/14/2018

UPDATE: The Neptune Society ‘Do Not Call’ Class Action Settlement was granted final approval on March 14, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2: On June 19, 2018, Top Class Actions viewers are reportedly receiving checks from the Neptune Society class action settlement worth as much as $129.85. Congratulations to everyone who filed a claim and got PAID!

Settlement Website

www.SCIDirectSettlement.com

Claims Administrator

Strache v. SCI Direct, Inc. Settlement Administrator
c/o Kurtzman Carson Consultants
P.O. Box 404039
Louisville, KY 40233-4039
1-855-200-6242

Class Counsel

Jeremy Glapion
GLAPION LAW FIRM LLC

Defense Counsel

Joseph Wylie
K&L GATES 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.

GET A FREE CASE EVALUATION NOW