Pethealth Inc. Agrees to $5.5 Million TCPA Settlement for Class Action Suit

Pet health insurance company Pethealth Inc. has agreed to pay $5.5 million to settle a TCPA class action suit over a mass robocall campaign.

According to the lawsuit, Pethealth engaged in a massive robocalling campaign, targeting more than 700,000 people. The robocall lawsuit was first filed in December 2014, and alleges that Pethealth—along with its subsidiaries—placed robocalls to the cell phones of customers who had provided contact information upon adopting a pet.

The class action suit includes approximately 731,173 individuals who allegedly received robocalls from Pethealth between Oct. 16, 2013, and Nov. 30, 2016. For individual class members, an award of between $40 and $90 can be expected from the settlement agreement.

In a motion for approval, the lead plaintiff, Christopher L., argued that accepting the settlement would be the best way to bring an end to more than four years of litigation, receive compensation and avoid further expenses. The motion for approval also noted that this settlement agreement is either comparable or better than other TCPA settlements, and that there is no guarantee that class members would prevail in either a third motion for certification or in an eventual trial.

Basics of the Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) is a set of regulations meant to protect consumers from technology-based solicitation. Though the TCPA was first introduced back in 1991, technology has shifted dramatically since then, allowing telemarketers even more methods of harassing and spamming consumers; however, the TCPA has shifted as well to accommodate these changes. Now, the TCPA includes telemarketing technologies and tactics like robocalls, unsolicited text messages, failure to provide a method of opting out, and more.

Filing a TCPA Lawsuit

Have you been targeted with robocalls or spam texts from one of the companies listed on our TCPA investigation page, such as Capital One, Chase, Dish Network, GrubHub, HSBC, Mattress Firm, Sallie Mae, Wells Fargo and many more? You may be able to file a lawsuit and pursue compensation.

TCPA violations are punishable with fines. Recipients of illegal robocalls may be able to sue for statutory damages. A single negligent violation of the TCPA may result in a damage award of $500. The penalty may be trebled (increased up to $1,500) per violation if it was made in willful or knowing violation of the TCPA.

Understanding the TCPA is an important method of holding companies responsible for their actions. Companies as large as Facebook have been held accountable and a large number of banks have settled spam call claims.

It is important to keep any records of text messages, voicemails, or phone calls that you believe violate the TCPA in order to strengthen your claim. Don’t delete your caller ID record, save messages, make written note of these calls or texts and any information you have about the caller and the message, and keep a copy of any written request to revoke your consent for receiving these calls. Filing a class action suit can help you recover damages for TCPA violations, as well as offer a permanent injunction against the company contacting you illegally.

The TCPA Class Action Suit is Case No. 1:14-cv-10043, in the U.S. District Court for the Northern District of Illinois.

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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This article is not legal advice. It is presented
for informational purposes only.