Birch Communications Settlement

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Birch Communications Settlement
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The information contained on this website is only a summary of information presented in more detail in the Notice of Class Action Settlement (the “Notice”). You may download a full copy of the Notice by clicking here or you may call the Birch Communications Settlement Help Line at 866-778-9469 to request a copy of the Notice by mail.

 

  • Birch Communications, Inc. (“Birch Communications”) has agreed to pay $12,000,000 into a fund from which eligible persons or entities who file claims will receive cash awards, estimated to be approximately $100 to $200 total per claim. Payment of valid claims will be divided into two payments, which are estimated to be made in December of 2018 and June of 2020, among Settlement Class Members who file timely, valid claims after deducting settlement expenses, the service awards, and attorneys’ fees and costs.

  • The settlement resolves a lawsuit involving allegations that third parties hired by Birch Communications called people on or after October 27, 2011 using automated technology or an artificial or prerecorded voice and calling (1) cellular telephone numbers and/or (2) numbers previously registered on the National Do-Not-Call Registry.

  • Court-appointed lawyers for the class (“Class Counsel”) will ask the Court for up to $4,000,000 of the fund as attorneys’ fees plus reimbursement of their out-of-pocket expenses they paid to investigate the facts, litigate the case, and negotiate the settlement.

  • Birch Communications denies all allegations of wrongdoing in the lawsuit. As part of the proposed settlement, Birch Communications does not admit to any wrongdoing and continues to deny the allegations against it.

  • The two sides disagree on whether Plaintiff and the class could have won at trial.

  • Your legal rights are affected whether you act, or don’t act. Read the Notice carefully.

Your Legal Rights And Options In This Settlement:

Submit A Claim Form by

August 22, 2017

The deadline to submit a claim form has passed.

Exclude Yourself by

August 22, 2017

The deadline to exclude yourself has passed.

Object by

August 22, 2017

The deadline to object to the Settlement has passed.

Attend a Hearing on

October 13, 2017

Ask to speak in Court about the fairness of the settlement.

 

  • These rights and options—and the deadlines to exercise them—are explained in the Notice.

  • The Court in charge of this case still has to decide whether to finally approve the Settlement. Payments will be made if the Court approves the Settlement and after appeals, if any, are resolved.

  • If you have questions, you may call the Birch Communications Settlement Help Line at 866-778-9469.



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