TCPA (Telephone Consumer Protection Act) Class Action

Written by Welcome on May 28, 2015

Recently, the convenience store and pharmacy chain Walgreens reached a settlement in a landmark class action lawsuit. The lawsuit is called Kolinek v. Walgreens, Co. The class action alleged that Walgreens violated the Telephone Consumer Protection Act by making prerecorded phone calls to its pharmacy customers, reminding them that their prescriptions were due to be refilled. These phone calls were made to the pharmacy customers’ cell phones.img5

The settlement that was reached in this case created a fund containing $11 million, which will be used to pay members of the class. This fund, however, will also be used to pay the legal fees of those who litigated the case. It is worth noting that in the settlement, Walgreens has not admitted to any wrongdoing in the case. It maintains that the prerecorded calls that were made to customers were within the bounds of the law and that they were actually something its customers wanted. Regardless, in order to avoid further litigation, Walgreens has settled the case.

What Is the Telephone Consumer Protection Act?

George H. W. Bush signed the Telephone Consumer Protection Act (TCPA) into law in 1991. The law establishes guidelines for solicitors who make phone calls to consumers. These guidelines encompass a number of different things, including what times of the day that phone call solicitations can be made. Notably, the TCPA prohibits solicitors from making calls to consumers that make use of artificial or prerecorded phone calls.

Who Is the Defendant?

Walgreens is a major pharmacy and convenience store chain with locations throughout the United States, as well as in the United States Virgin Islands and Puerto Rico. Currently, the chain includes more than 8,000 locations. It is the largest pharmacy chain in the United States, making it among the largest in the world.

Who Is a Member of the Class?

To be a member of the class, you must have been a patron of Walgreens. In addition, you must have received one of the prerecorded phone calls in question. This phone call must have been placed to you on or before April 3rd of this year. Any such phone call that was received after this date does not make you eligible to submit a claim in this class action.

How Can I Submit a Claim?

To make a claim in this case, you can take advantage of the settlement’s website, which is located here. Additionally, you can submit a claim through the mail. In either case, there is a time limit to file your claim. Electronic claims must be submitted through the website by July 22, 2015, and those submitted through the mail must be postmarked by that same date.

The settlement in this case is pending final approval. A hearing to reach that approval will be held on August 5, 2015. Provided that the judge presiding determines that the settlement is fair and provides adequate relief to the class, then the settlement will be approved.

How Much Is My Claim Worth?

As of now, it is impossible to determine how much your claim through this class action might be worth. It is possible that the total monetary award may be adjusted during the final approval process. Additionally, the individual award achieved by every member of the class will depend upon how many submit claims. Finally, the total award will be affected by the total amount that is paid out to the lawyers who litigated the case.

Regardless of the award amount, you should submit a claim if you are a part of the affected class. For more information, consult the website provided earlier.

Sources:

http://www.classactionsnews.com/settlements/walgreens-tcpa-violation-class-action-settlement

https://eclaim.kccllc.net/caclaimforms/wtt/home.aspx

http://en.wikipedia.org/wiki/Telephone_Consumer_Protection_Act_of_1991

 

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