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This settlement is closed!
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A $6 million settlement has been reached in a class action lawsuit against RCN Telecom Services that alleges the telecommunications provider violated the Telephone Consumer Protection Act by placing unsolicited phone calls to consumers without their consent.
Plaintiff Eric Seal brought the TCPA class action lawsuit against RCN Telecom Services stating that as part of the company’s business practices, RCN Telecom places automated calls via a predictive dialer coupled with an automated telephone dialing system featuring a prerecorded or artificial voice, in an effort to collect on an alleged debt or other business reasons including scheduling installation appointments and providing service appointment reminders.
The class action lawsuit claims that many of these robocalls made by RCN Telecom were placed to the cell phones of persons who were no longer its customers but had been assigned a cell phone number which was previously assigned to an RCN customer whose service was terminated and then reassigned to them.
The plaintiff also alleges that RCN Telecom made more than one marketing call in a 12 month period after receipt of an opt-out request in violation of the TCPA.
The TCPA prohibits using an automatic telephone dialing system to make calls to cell phones without the consent of the recipient and it also prohibits making prerecorded calls or marketing calls to landlines if the recipient is listed on the National Do Not Call List. The TCPA provides for statutory damages of $500 for each call made in violation of the Act.
Under the terms of the $6 million TCPA settlement, RCN Telecom has agreed to pay up to $140 per valid claim as well as court-approved incentive awards to the Class representatives in the amount of $10,000.
The settlement also provides that a portion of the settlement fund goes toward claims administration costs not to exceed $200,000 and attorneys’ fees not to exceed $1.9 million or one-third of the settlement fund.
RCN Telecom has not admitted liability for TCPA violations and enters into this settlement solely to avoid the expense and inconvenience of litigation.
Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Feb. 1, 2017.
Who’s Eligible
You are a member of the settlement Class if during the period:
- 4/1/11 to 10/15/13 you received an automated call on your cell phone without your consent
- 10/16/13 to 11/01/16 you received an automated marketing call on your cell phone for which you did not provide express written consent
- 10/16/13 to 11/01/16 you received an automated non-marketing call on your cell phone for which you did not provide express consent
- 4/1/11 to 11/01/16 you received more than one marketing call in a one-year period that was made by or on behalf of RCN without your consent when registered on the National Do Not Call List
- 4/1/11 to 11/01/16 you received a pre-recorded marketing call on your landline from RCN which you did not consent to receive
Potential Award
up to $140.
Each Class Member who submits a valid claim can get a payment of up to $140. In the event that the distributable settlement fund is not sufficient to allow each claimant to receive $140, the amount paid to each claimant will be adjusted downward pro rata, so as to pay all valid claims.
Proof of Purchase
N/A
Claim Form
Claim Form Deadline
3/15/2017
Note: According to the terms of the settlement “any Settlement Class Member that submits a claim agrees and consents to RCN subpoenaing their incoming call detail records for the Class Period from their telephone or cellular carrier(s) and shall upon request sign an authorization form to allow RCN to obtain such records on an expedited basis. The claim of any Settlement Class Member who refuses to execute such an authorization form will be denied.”
Case Name
Seal, et al. v. RCN Telecom Services LLC, Case No. 2016-CH-07073, in the Circuit Court of Cook County, Illinois, County Department, Chancery Division
Final Hearing
2/22/2017
UPDATE: The RCN Telecom Services TCPA settlement received final approval from the court on February 24, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: On Dec. 21, 2017, Top Class Actions viewers who filed a valid claim for the RCN TCPA class action settlement started receiving checks in the mail worth $140. Congratulations to everyone who filed a claim and got PAID!
Settlement Website
www.RCNTCPASettlement.com
Claims Administrator
RCN TCPA Settlement Administrator
c/o Epiq Systems Inc.
PO Box 4153
Portland, OR 97208-4153
1-844-418-6625
Email: info@RCNTCPASettlement.com
Class Counsel
Michael J. McMorrow
MCMORROW LAW PC
Alexander H. Burke
BURKE LAW OFFICE LLC
Evan M. Meyers
Myles McGuire
MCGUIRE LAW PC
Class Counsel is available by calling 1-888-317-3843.
Defense Counsel
Bart T. Murphy
Isaac Colunga
Martha O’Connor
ICE MILLER 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.
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117 thoughts onRCN Telecom Services TCPA Class Action Settlement
They’re not paying its been months
It’s passed August. It’s September. Where are the checks?
Did this settlement ever pay out ?
YES
When did you get your settlement check ? How much was it and what state are you in ?
Any updates TCA????
I received this response last week. I believe it was granted approval feb 25thish so 120 days should of been end of june.. So i have no idea ?……
Dear Stephanie,
Thank you for your email.
The parties cannot accurately predict when (or whether) the court will give final approval to the Settlement. However, if the court finally approves the Settlement, you will be paid as soon as possible after the court order becomes final, which should occur within approximately 120 days after the Settlement has been finally approved.
If there is an appeal of the Settlement, payment may be delayed. Updated information about the case is available http://www.RCNTCPAsettlement.com, or you can call the Settlement Administrator at (844) 418-6625, or you may contact Class Counsel toll-free at (888) 317-3843
Regards ,
Victoria J.
RCN TCPA Settlement Administrator
I sent an email to them on 7/06 asking for an update this is the response i got, which is a bunch of crap and i responded back to them telling them that and sent them proof, still now waiting for a response i’ll follow up once i get that :
Thank you for your email.
Unfortunately we can find no record of a claim being filed based on the information you provided. If there were any other names, addresses, or phone numbers used when filing your claim please provide those and we will perform another search to locate your claim.
Regards,
Mohamad H.
RCN TCPA Settlement Administrator
Thanks for the updates Lori and Bailey. While it’s possible that it has paid out, the settlement is for six million dollars with up to 140 per claimant. That means a lot of people qualified for relief and no one has posted that they received anything of this message board or on the facebook page which someone always does for these types of settlements. I myself also have records of these calls so I know that I filed a valid claim and have not received anything. I’m very interested to hear what Mr. McMorrow says in his reply. Please keep us updated.
Thanks for the update Bailey….. all we want to know is when the checks are being mailed out. It’s been almost 4 months since final approval and checks should have been mailed out by now according to the agreement. This is ridiculous!
Their deadline would be July 24th. That’s 120 days after final approval so we’ll see. They should’ve been went through all claims and reviewed them by now. The hearing was February 24. That doesn’t make sense!
Lol yes it has for too long
Well looks as if this one is not paying out ? Scam maybe ?
I say we keep blowing up their phones until we receive what is due to us. If all else fails, then class action should be filed against them! The checks should have been mailed out by now! I bet the lawyers, settlement administrator, class counsel, and whoever else don’t have to wait for their share. Why should we have to wait this long?
Well, Kee
What phone can we blow up if no one answers? The number that you listed no one at all answers that number. You’ll have to leave a message. And we all know they’ll never call us back. It’s insane how they’re treating the claimants…..
Hey Maxine,
The Michael McMorrow guy was on vacation when I spoke to him last week. Go figure. Obviously he got his share of the settlement while we’re sitting and wondering. They don’t have to answer but if we keep calling none of their person calls will be able to get through. Besides, I read that class counsel and attorneys got over 2 million dollars out of this settlement so where is our part? Getting real annoyed!
Hello Tamara,
Isn’t it ironic how nobody knows nothing about the case? Class counsel is the worse and the number they provide is no help or out of service. We’re getting the short end of the stick. We need a class action against these people
What’s going on with the checks TCA? Class counsel said the checks have been mailed out already but I didn’t receive anything? Now they’re not answering.
Kee,
What number did you dial for Class Counsel? The one listed above is “no longer in service”.
Hi, Kee
Do you have a working number for them??
Yes, 352-753-8600. Of course they would put up a number that’s no longer in service, but try that one. I spoke to Michael McMorrow and he said he thought checks were mailed out already.
the checks are going out on the second tuesday of next week
If you read comments from other settlements you will find a long standing pattern of bob trolling. Just ignore him. We need some moderators on these message boards.
Jessie, thanks I didn’t know that about Bob. Poor thing I guess he has nothing else to do but to troll…..
Are u sure?
Hello, Kee do you know when the checks are going out?. The reason why I’m asking you. Is because I see that we have a few trollers on board. The trollers are just spewing any and everything just to get a rise!!!! You seem to be the real deal.. IMO
Hi Evelyn,
Class counsel has really been giving me the run around. I spoke to the first guy Michael McMorrow and he told me he was on vacation and that he thought checks been were mailed out but no one has received anything. The other class guys are not answering so I have no idea, but this is ridiculous!
Hi, Kee
Thanks for responding yes it is ridiculous. Idk…what else to say but I know I will try Monday morning to see if anything has changed. We as claimants need answers geesh….
Hi, did anyone receive a check yet??. I haven’t seen or heard anything via TCA or Facebook
I called 352 753 8600 and spoke with Michael McMorrow (class counsel) and he said he thought checks were already mailed out, but he was on vacation. The other class counsel guys are not answering
Wow this could be a case where claimants won’t get paid or very few will get paid it’s up to them on who will or who won’t.