Tamara Burns  |  April 28, 2016

Category: Closed Class Actions

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This settlement is closed!

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Omaha steaks class action settlement

A class action settlement has been reached with Omaha Steaks Inc. over allegations that the food company violated the Telephone Consumer Protection Act (TCPA).

According to the lawsuit filed by plaintiff Michael Hetherington, Omaha Steaks placed phone calls to cell phones (and other phone numbers where the call recipient was charged for the call) using an automatic telephone dialing system (ATDS). An ATDS uses a number generator to produce random or sequential phone numbers that are then dialed and the call is placed.

The plaintiff alleged that thousands of these autodialed phone calls were placed over the last four years to cell phone customers without their previous express written consent to receive such calls, in violation of the TCPA.

Omaha Steaks denied any wrongdoing and assert that they have not acted improperly under the law. They stated that they believe to have many defenses to ensure their success at a trial, including their belief that a Class would not be granted certification.

However, Omaha Steaks agreed to enter into a settlement with the plaintiff and Class to avoid the cost of a trial. The plaintiff as Class Representative and Class Counsel feel this settlement is in the best interest of Settlement Class Members.

Omaha Steaks agreed to pay between $4.5 and $5.2 million to resolve the claims in the TCPA class action lawsuit.

Class members wishing to exclude themselves or object to the settlement must send their request by mail postmarked no later than June 3, 2016.

Who’s Eligible

All persons and entities to whom OS placed calls to their cellular telephones through means other than manually dialing each digit of the telephone number during the time period from and including December 9, 2009, through and including December 17, 2013, without their prior express consent.”

Potential Award

Up to $60 cash or up to $80 for a Reward Card redeemable at Omaha Steaks

Proof of Purchase

N/A

Eligible claimants must sign a sworn statement that they received a call from Omaha Steaks during the eligible class period without prior consent.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

08/12/2016

Case Name

Hetherington v. Omaha Steaks Inc., et al., Case No. 3:13-cv-2152, in the U.S. District Court for the District of Oregon

Final Hearing

08/12/2016

UPDATE: On August 12, 2016, the court granted the Omaha Steaks TCPA settlement final approval.  Keep checking back and let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: On Dec. 15, 2016, Top Class Actions readers who submitted timely and valid claims for the Omaha Steaks class action settlement started receiving checks worth as much as $41.22. Congratulations to all our viewers who filed a claim and got PAID!

Settlement Website

www.FoodCallSettlement.com

Claims Administrator

Food Call Settlement
Settlement Administrator
P.O. Box 30210
College Station, TX 77842-3210

1-877-369-4030

Class Counsel

John P. Wolff, III
Christopher K. Jones
KEOGH, COX & WILSON, LTD.

Philip Bohrer
BOHRER LAW FIRM, L.L.C.

Keith S. Dubanevich
Jennifer S. Wagner
STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

Defense Counsel

Duane A. Bosworth
Kenneth E. Payson
Jaime Drozd Allen
James Corning
DAVIS WRIGHT TREMAINE 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. Find out more at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.

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91 thoughts onOmaha Steaks TCPA Class Action Lawsuit Settlement

  1. TRUTHBETOLD says:

    This one going to be distributed just like the family dollar,Most of us end up with nothing.The ones who do get something wil be $10 gift card $20 cash.College station in the lawyers keep the majority of the funds amongst themselves SCAMS,

    1. Chantai Martinez says:

      Rite because I had a legit claim against family dollars lawsuit and didn’t receive anything at all! I’m guaranteeing some people who did received a check did not have a legitamate claim.

  2. kimberly hill says:

    No appeals that I can see.So by December we should get payment

  3. Patricia Holman says:

    Any update on this case ?

  4. Carmen says:

    Any updates

  5. Top Class Actions says:

    UPDATE: On August 12, 2016, the court granted the Omaha Steaks TCPA settlement final approval. Keep checking back and let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

    1. Kat says:

      Could you update us on the status of this class action? Thanks!

      1. Top Class Actions says:

        There were no appeals filed, so as of September 12, 2016, the settlement was final. The distribution date is noted in the settlement agreement as no more than 90 days from the date the settlement is final. So, it will more than likely be a couple more months before payments are issued. Please keep checking Top Class Actions for updates. We’ll let our viewers know when we learn checks are in the mail!

        1. KATHLEEN SCRIBNER says:

          Thank you for the update!

        2. jennifer anthony says:

          I have a new address since I joined this lawsuit – mail is no longer being forwarded to me – My old address was 646 West Main St, Amston, Ct. 06231-this is address at which claim was filed.

          My address now is 11 Arcadia Lane, New Milford, Ct. 06776 – Jennifer Anthony 203-687-6959– just want to make sure my payment does not get lost in the mail. Thank you

          1. Top Class Actions says:

            You’ll need to contact the settlement administrator with your change of address information. Top Class Actions does not process claims, and does not have access to any individual claim information. The article and the settlement website have settlement administrator contact information. Good Luck!

  6. L says:

    there is no appeals, its final

    1. Top Class Actions says:

      There is a 30 day time period in which appeals can be filed. As of today, there have not been any appeals filed, which is great news! The settlement website states that the estimated 90 day payout timeline starts after the appeals period is over. Keep checking Top Class Actions for updates. We are following the case and will let our viewers know when we learn checks are in the mail!

  7. kimberly hill says:

    Everything has to be approved and no appeals then payment will be issued within 90 days so maybe by Christmas lol

  8. ricky says:

    when so we recive a check or a gift card since the final hearing was aug 12

  9. me says:

    why has the claim form changed from gift card or cash you wish to receive? question, not there any more.

  10. Brian says:

    Filed claim

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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.