www.alarmtcpaclassaction.com – How To Make Your AlarmTCPAClassAction Settlement Claim
While telemarketing is an effective way of promoting goods or services of a company, it can also bring some setback if you keep on ringing the numbers of your potential customers without their consent. The potential setback can be so heavy that sometimes you may have to face a class-action lawsuit filed against you. A classic example of such case is Abante Rooter and Plumbing, Inc., et al. v. Alarm.com, Incorporated, et al. (Case No. 4:15-cv-06314) which is pending in the U.S. District Court for the Northern District of California.
What is this AlarmTCPAClassAction all about?
The class representatives brought this lawsuit alleging that Alarm.com’s dealer, Alliance Security, Inc. violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“TCPA”) by making automated telemarketing calls (directly or through any BPO to whom the service was outsourced) promoting Alarm.com’s goods or services to cellular telephones. The allegation also includes that those calls were made by using an artificial or pre-recorded voice to a residential line, and calling telephone numbers registered on the National Do-Not-Call Registry without prior permission from the people contacted.
Under the TCPA a person is entitled to receive $500 for calls that were placed using a pre-recorded message or automated telephone dialing system without the person’s consent. A person is entitled to receive up to $500 per call for calls placed to telephone numbers registered on the National Do-Not-Call Registry without that person’s consent and if the person proves the calls were placed willfully, he/she is entitled to triple the amount awarded, up to $1,500.
Neither the Court’s decision is in favor of the plaintiff nor is it in favor of the defendant. Rather both, the plaintiff and the defendant has decided to settle the matter out of the court to avoid the cost of the trial and therefore this settlement has come into the picture.
So, who are part of this AlarmTCPAClassAction settlement?
You are a part in the “Settlement Class” if, on or after December 30, 2011, you received a telemarketing call promoting Alarm.com’s goods or services from Alliance or third parties hired by Alliance:
- On your cellular telephone using an automatic telephone dialing system or artificial or pre-recorded voice; or
- On a residential telephone using an artificial or pre-recorded voice; or
- Two or more times within a twelve-month period on cellular or residential telephone number that was on the National Do-Not-Call Registry.
- You are NOT part of the Settlement Class if you have previously excluded yourself from this AlarmTCPAClassAction or you provided your telephone number to Alarm.com before receiving calls from Alliance.
- The Settlement Class also does not include any persons who validly request exclusion from the Settlement Class. A person who does not exclude him or herself is a “Settlement Class Member.”
What can I expect from this AlarmTCPAClassAction settlement?
- Alarm.com agreed to pay $28,000,000 which is to be divided among all valid settlement class members.
- As a settlement class member your share of the settlement will depend on – how many telephone calls you have received, the total number of telephone numbers on which you have received promotional calls and the number of valid claim forms that you submit.
- The class counsel has estimated that it every individual settlement class member may receive approximately $94 to $142.
Important dates to be remembered in regard to the AlarmTCPAClassAction settlement:
- 16th April 2019 – last date of filing your claim (through mail or online)
- 16th April 2019 – last date for excluding yourself from the AlarmTCPAClassAction settlement
- 16th April 2019 – last date for raising your objection that you are not in favour of this settlement.
- 13th August 2019 – date of final fairness hearing
How do I make my AlarmTCPAClassAction settlement claim?
- You can either submit your claim online or submit the hard copy through the mail (if you have received a postcard with a claim form attached).
- For submitting your claim online you need to visit the website www.alarmtcpaclassaction.com
- On the top right corner, you will find a link for filing your claim (“file claim”).
- Doesn’t matter whether you already have a Claim number or not. You can either file your claim online on this website or can get your personalized claim form download and then print it, fill it up and send it through mail. (choose the appropriate option from the four options provided)
- If you already have a Claim number (11 digit number), you just need to provide that Claim number into the space provided and click on the “submit” button and you will Be Logged into the system where you can fill up the online claim form and submit it.
- If you do not have a Claim number, you will be asked to provide your details (name, street address, city, state, zip code, contact phone number, email address) and those numbers on which you have received promotional calls during the period in question.
- Once you are done with providing these information, you will be asked to provide your class member Id. If you do not have one, then please leave it blank.
- Check the box to indicate that you have accurately and correctly filled up your claim form.
- Click on “Agree And Submit“.
- If you have already received a postcard with a claim form attached to it, simply complete the Claim Form, tear it off at the perforated line, and mail.
- You may also call the settlement administrator to request for a paper settlement form by calling the number 1-855-256-2243.
- Hard copies of the claim form is to be mailed at “Alarm.com Settlement Administrator, P.O. Box 505034, Louisville, KY 40233-9702”
How do I raise my objections if I don’t like this AlarmTCPAClassAction settlement?
- If you are a Settlement Class Member and you do not exclude yourself from the Settlement Class, you can object to the settlement if you don’t like any part of it.
- You need to give reasons why you are not liking this class action settlement and the court will consider your views.
- To object, you must file a written objection with the Court, stating that you object to the settlement in Abante Rooter and Plumbing, Inc. et al. v. Alarm.com Incorporated et al.
- The written objection must include your name, address and telephone number where you can be contacted and the telephone number(s) on which you had received promotional calls.
- You should clearly state all grounds for your objection with the factual and legal support for each stated ground.
- The identity of any witnesses you may call to testify and copies of any exhibits you intend to introduce as evidence at the Fairness Hearing should be attached with your objection.
- Also attach a statement of the identity (including name, address, phone number and email) of any lawyer who will be representing you with respect to your objection and a statement of whether you intend to appear at the Fairness Hearing.
- A statement regarding whether your objection applies to just you, a subset of the Settlement Class, or the entire Settlement Class, should also be attached with your objection appeal.
- Alarm.com Settlement Administrator
P.O. Box 505034
Louisville, KY 40233-9702
- Clerk of the Court
U.S. District Court for the Northern District of California
1301 Clay Street, Suite 400 S Oakland, CA 94612
- AlarmTCPAClassAction settlement website: www.alarmtcpaclassaction.com
- Weblink for checking electronic docket of U.S. District Court: www.ecf.cand.uscourts.gov