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. Mike Smith says:

    This email notifies you of your Reward Card code which may be redeemed for Omaha Steaks products in the amount of $54.95 representing your settlement award in the Hetherington v. Omaha Steaks Settlement. The amount of your settlement award has been calculated pursuant to the terms of the Settlement that was approved by the court. The determination of the payment amount is final and not subject to challenge.

    Pursuant to the terms of the Settlement, the Reward Card code must be redeemed by December 12, 2017; after that date, the Reward Card code will be void and will not be reissued.

    You should consult your tax advisor or accountant as to the tax treatment of the settlement award you are receiving under this Settlement because the Settlement Administrator and the attorneys representing the parties in the case cannot provide you with tax advice.

    1. altonya johnson says:

      Have. They mailed checks yet

  2. Terry says:

    Today is 12/12/2016. No check in the mail today.

    1. klazact2016 says:

      Based on TCA response upthread, checks should be mailed out tomorrow 12/13/16.

      1. altonya johnson says:

        Have they mailed checks yet

  3. Morgan V says:

    @ Last comment. Really you do realize this sight only gives viable information about class actions it doesn’t send out checks or Gabe anything to do with checks. You need to chill.

  4. Rodger says:

    Jeremy, do you have updated new on the checks?

  5. Tracie Haynes says:

    Any new news? I’d really appreciate it if anyone has gotten an update? Thank you for your time and assistance☺

    1. Top Class Actions says:

      The settlement received final approval on 8/12/16. There were not any appeals filed, which is great news! The settlement website states that the estimated time frame for payout is 90 days after the appeal period is over. The settlement became Effective on approximately 9/13/16. This puts the estimated payout in mid-December 2016. Please keep checking Top Class Actions for updates. We will let our viewers know as soon as we learn that checks are in the mail!

      1. Tracie Haynes says:

        Thank you!!????

  6. Honeyyocat says:

    That will be 12/12/2016 we still got two more weeks to go I think

  7. Anonymous says:

    Can we stop with the Family Dollar suit already!?!!! All of us have had legit claims for different suits and got nothing. Any news on THIS suit??? Anyone receive a check or response yet & if so what state…thank you in advance for news on THIS suit.

    1. Top Class Actions says:

      No new news, the effective date of the settlement was approximately September 12, 2016 (30 days after the court granted the settlement final approval). The settlement website states that the estimated time frame for payout is 90 days after the appeal period is over. That would put the estimated payout in mid-December 2016. Please keep checking Top Class Actions for updates. We will update the article and let our viewers know as soon as we learn checks are in the mail!

      1. Linda says:

        fingers crossed

  8. Patricia Holman says:

    I had a legitimate claim with the Family Dollar lawsuit and got nothing.

  9. emily ortiz says:

    Ty top class action

  10. Mary Anne LeTarte says:

    I filed claim #60013342401 on 5/4/16.
    Just wondering where my settlement is.

    Mary Anne LeTarte
    West Bloomfield, MI 48324

    Thanks,
    Mary Anne

    1. Top Class Actions says:

      The effective date of the settlement was approximately September 12, 2016 (30 days after the court granted the settlement final approval). The settlement website states that the estimated time frame for payout is 90 days after the appeal period is over. Please keep checking Top Class Actions for updates. We will update the article and let our viewers know as soon as we learn checks are in the mail!

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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.