Status of the Settlement:
The Court granted final approval of the Settlement on October 21, 2011. On November 28, 2011, a Class Member who had objected to the Settlement filed a Notice of Appeal to the final approval. As a result, settlement payments are currently suspended until the appeal is resolved. The Court has ordered that the Objector-Appellant’s opening brief is due on April 2, 2012; the Plaintiff-Appellee’s opposition brief is due on May 2, 2012; and the Objector-Appellant’s optional reply brief is due on May 16, 2012. A date for oral argument has not been set. Please check back for updated information and dates.
Overview Of The Settlement
Sandra L. Palmer v. Sprint Solutions, Inc., Case No. 09-cv-01211-JLR
A settlement has been reached in a class action lawsuit against Sprint Solutions, Inc. (“Sprint”) for commercial solicitation telephone calls to the Class Representative and Class Members by Sprint. The lawsuit claims that the calls were made either to Washington State residents using an automatic dialing and announcing device, or that customers in the United States were called after they asked Sprint not to receive solicitation calls from Sprint (the “Settlement”). Sprint denies it did anything wrong. However, the parties agreed to settle the lawsuit to avoid the burden, cost, and uncertainty of further litigation.
Sprint has agreed to pay $5.5 million into a Settlement Fund (the “Fund”). Eligible Class Members who filed qualified claims will receive money, which will be paid based on the total number of people who filed a claim. In addition, the Fund will also be used to pay Class Counsel’s Court-awarded attorneys’ fees and costs, a service award to the Class Representative, and all costs of notice and claims administration.
Sprint also has agreed to change a message customers hear if they choose to call Sprint in response to a pre-recorded message which identifies Sprint as having called for promotional purposes. This message will be identical to the one referenced in the Settlement.
What Are My Options?
- Submit a Claim Form: This is the only way to receive a monetary award, if you are eligible. Claim Forms must have been submitted no later than November 21, 2011.
- Ask to be Excluded: The deadline to exclude yourself from the Settlement was
September 21, 2011. - Submit an Objection: The deadline to object to Settlement was September 21, 2011.
- Do Nothing: You will not receive any benefits under the Settlement. You will receive no money. You will give up your right to sue on your own regarding any claims that are part of the Settlement.
Please consult the Notice for more details on your options.
Final Settlement Hearing
The Court held a Final Settlement Hearing on October 21, 2011. At the Final Settlement Hearing, the Court approved the Settlement as fair, reasonable and adequate. At the Final Settlement Hearing, the Court approved attorneys’ fees and costs of $1,540,000.00 and an incentive payment of $17,500.00 to the Class Representative.
