Online shopping retailer HSN has agreed to pay $700,000 to settle claims that the business violated both federal and Wisconsin state law with its telemarketing practices.
Class Members include those individuals and entities who received a call on a cell phone from HSN that involved the use of an automatic telephone dialing system or prerecorded voice between April 1, 2015 and Dec. 12, 2019.
To be considered a part of the Class, you must have received a call after you told the company to stop calling you.
Specifically, Class Members include those individuals who were contacted despite HSN’s records showing a “never call” flag added to the recipient’s account.
Consumers say that the company violated the Telephone Consumer Protection Act and the Wisconsin Consumer Act by using an automatic dialer and/or a pre-recorded voice to call customers on their cell phones, even after the customers asked the company to stop.
The customers note that the TCPA protects customers from annoying spam calls and texts. HSN customers assert that the company violated their privacy, and subjected them to irritating, unwanted, and inconvenient calls by contacting them. They say that the company was aware of or should have been aware of the law’s limitations, but placed the calls nonetheless.
HSN has not admitted any wrongdoing in the TPCA class action settlement, but has agreed to pay a settlement to avoid the continued costs and risks of litigating the issue.
The settlement has received preliminary approval from the court, and now awaits final approval.
Class Members are eligible for at least $550, as estimated by Class attorneys. However, this amount could go up or down depending on how many individuals exclude themselves.
From the $700,000 settlement fund, attorneys for the Class will also receive compensation. For their role in in the HSN spam call class action lawsuit, the Class Representative will receive an award of around $5,500.
Consumers should be aware the settlement does not affect any debt owed to HSN, that the company is collecting or has attempted to collect. The settlement website stresses that the settlement does not relieve Class Members of “any obligation to pay a debt owed, assuming you otherwise owe the debt.”
Class Members are not obligated to fill out a claim form or do anything to receive benefits from the settlement. If the settlement receives approval from the court, eligible Class Members who choose to remain in the Class will be mailed a settlement checks.
However, Class Members who remain in the Class should know that they waive their rights to pursue independent litigation against the company.
If a Class Member does wish to pursue independent litigation against the company, they do have a right to opt out of the settlement Class. Consumers who opt out will not receive any benefits from the settlement. The deadline to opt out of the settlement or object to its terms is July 8, 2020.
Class Members also have the right to attend a final approval hearing for the settlement on Aug. 14, 2020.
Class Members include those individuals and entities who received a call on a cell phone from HSN that involved the use of an automatic telephone dialing system or prerecorded voice between April 1, 2015 and December 12, 2019.
To be considered a part of the Class, you must have received a call after you told the company to stop calling you. Class Members include those individuals who were contacted though HSN’s records show a “never call” flag added to the recipient’s account.
However, this amount could go up or down. The final payout will depend on how many individuals exclude themselves from the settlement.
Proof of Purchase
None. Eligible Class Members will automatically be mailed a check if the settlement receives final approval.
Maurice Jewell Jr. v. HSN Inc., Case No. 3:19-cv-00247, in the U.S. District Court for the Western District of Wisconsin
First Class Inc./ J14355-Jewell
5410 W. Roosevelt Rd., Ste 222
Chicago, IL 60644-1490
James L. Davidson
GREENWALD DAVIDSON RADBIL PLLC
WINSTON & STRAWN 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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