Soto v. The Gallup Organization, Inc.
Written by Welcome on August 15, 2015
A Class Action Lawsuit has been filed against Gallup, Inc., formerly known as The Gallup Organization, Inc., for allegedly violating the Telephone Consumer Protection Act (TCPA). Plaintiffs Kurt Soto, Laurie Marr, and Ann Foz brought the lawsuits against Gallup, claiming that the company used an automatic telephone dialing system to place calls to cell phones without the prior express consent of the persons called. These lawsuits were later consolidated into one case entitles Soto v. The Gallup Organization, Inc.
Gallup denies all material allegations and claims asserted in the lawsuit, and denies all allegations of wrongdoing and liability. The case has been litigated but a trial has not yet occurred. The Court has not decided in favor of the Plaintiffs or Gallup, or whether the case should proceed as a class action. However, a Settlement has been reached in the lawsuit that would avoid the further risk and cost associated with continuing the litigation, provide payment to Class Members and release Gallup from further liability. For settlement purposes, the “Class” is defined as the following: “All persons in the United States who received a survey call from Gallup to a cellular telephone, through the alleged use of an automatic telephone dialing system, from August 16, 2009 through August 16, 2013.” Class Members may make only one claim per cellular telephone number for any calls they received from Gallup during the relevant time period. If the Settlement is approved, it will provide $12,000,000 to pay claims from Class Members, any reasonable Plaintiffs’ attorneys’ fees and costs approved by the Court, any incentive awards to the named Plaintiffs approved by the Court, and the costs of settlement administration.
If you have been a victim of Gallup’s TCPA violation, you must submit a claim form to receive a payment. Failing to submit a claim form will result in no settlement payment. The deadline to submit a claim form is November 13, 2015. If you do nothing, you will receive no payment and you will be giving up the rights to sue Gallup separately. There is an option to exclude yourself from the settlement. If you ask to be excluded, you will get no payment from the Settlement. This allows you to pursue your own lawsuit against Gallup about the legal claims in this case. The Exclusion request must be postmarked no later than November 13, 2015 as well.
The Court gives you the option to object this case as well. In order to object, you must write to the Court about why you believe the Settlement is unfair. The Objection letter must be received by November 13, 2015. You have the option of attending a hearing. You must as ask to9 speak in Court about the fairness of the Settlement. The Fairness Hearing is scheduled for November 18, 2014. Remember, if you do nothing, and are a Class Member, you will not receive a payment after the Court approves the Settlement, and any appeals are resolved. In order to receive a payment, you must submit a claim form. Unless you exclude yourself, you will not be able to start a lawsuit , continue with a lawsuit, or be part of any other lawsuit against Gallup concerning the legal issues in this case, ever again. A copy of the Settlement Agreement is available by writing to the Claims Administrator at:
Soto TCPA Settlement Claims Administrator, c/o Angeion Group
1801 Market Street, Suite 660, Philadelphia, PA 19103
Or, by visiting the website at www.SotoTCPASettlement.com, where you will find answers to common questions about the Settlement, a claim form, plus other information to help you determine whether you are a Class Member and whether you are eligible for a payment.