Who is a Class Member
There are two settlement classes for the Neptune Society unwanted telemarketing calls class action settlement:
- The Prerecord Class: “Since October 16, 2013, Plaintiff and all persons within the United States to whose telephone number Defendant SCI Direct, Inc. placed a telephone call using CallFire, Inc.’s calling platform when that call was dispositioned as ‘Answering Machine,’ ‘Live Answer,’ or ‘Do Not Call.’”
- The Do Not Call (DNC) Class: “Since May 27, 2012, Plaintiff and all persons within the United States to whose telephone number Defendant SCI Direct, Inc. placed (or had placed on its behalf) two or more telephone calls in a 12-month period.”
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
Proof of Purchase
- Class members will need to provide their Claim ID number from their individual class notice. If you do not have a Claim ID number, you will need to provide the phone number at which you received the Neptune Society telemarketing calls.
Neptune Society Unwanted Telemarketing Calls Settlement Notes
- Allard and Strache v. SCI Direct Inc., dba Neptune Society
- Case No. 1:17-cv-04692
- Pending in the U.S. District Court for the Northern District of Illinois
Plaintiff Linda Allard initiated this class action lawsuit in May 2016 in Tennessee federal court on grounds she and other similarly situated individuals received unwanted telemarketing calls from Neptune Society, despite asking the company to stop calling numerous times. In May 2017, Plaintiff Kelly Strache filed her own class action lawsuit against Neptune in Illinois federal court. The lawsuits were combined in September 2017 into one unwanted telemarketing calls class action lawsuit.
According to the Neptune Society class action lawsuit, the plaintiffs received dozens of unwanted prerecorded telemarketing calls from Neptune from March 2016 through May 2016, in an effort to convince them to purchase cremation services. Because these calls were for the sole purpose of telemarketing and the plaintiffs reportedly asked for the calls to cease on multiple occasions, the lawsuit asserts that Neptune Society is in violation of the Telephone Consumer Protection Act.
The TCPA prohibits making “any call for telemarketing purposes” unless the caller has instituted certain minimum standards with respect to persons who request not to receive telemarketing calls. These standards include, among other things, keeping a written policy, available upon demand, for maintaining a do-not-call list, and training personnel engaged in telemarketing on the existence and use of the do-not-call list.
At the time Neptune Society made these telemarketing calls, they allegedly did not have such a written policy, nor did it train personnel engaged in telemarketing on the existence and use of the do-not-call list, the lawsuit states.
Companies that violate the TCPA can be held liable for damages up to $1,500 per violation.
Class members who wish to object to the terms of the settlement must do so by Jan. 12, 2018. Class members who wish to file a claim must do so by Feb. 13, 2018.
- 2/13/18: Claim Form Deadline
- 1/12/18: Objection or Exclusion Deadline
- 3/14/18: Final Approval Hearing at 2:00 pm CT (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
- Mail: Strache v. SCI Direct Inc. Settlement Administrator, c/o Kurtzman Carson Consultants, PO Box 404039, Louisville, KY 40233-4039
- Phone: 1-855-200-6242
- Jeremy Glapion of Glapion Law Firm LLC