Who is a Class Member
Class members of the Mammoth Mountain Ski Area TCPA Settlement includes anyone who, during the period from January 1, 2013 through December 31, 2014 received at least one prerecorded or artificial-voice telephone call on their respective cellular or landline telephones from Mammoth Mountain Ski Area, LLC for a marketing or advertising purpose.
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
Settlement Amount
- $3,750,000.00
Estimated Award
- Up to $500
The net settlement fund (after settlement administration expenses, service payment, attorneys’ fees, and court costs are deducted) will be divided by the the total number of class members who submit valid and timely claims, up to a maximum of $500.
Proof of Purchase
- Claimants must provide the phone number that received the prerecorded, artificial-voice telephone calls from Mammoth Mountain Ski Area during the period January 1, 2013, through December 31, 2014.
Claim Form
Mammoth Mountain Ski Area TCPA Settlement Notes
- Paul Story v. Mammoth Mountain Ski Area, LLC
- Case No. 2:14-cv-02422-JAM-DB
- Pending in the U.S. District Court for the Eastern District of California
In October 15, 2014, plaintiff Paul Story initiated this class action lawsuit alleging Mammoth Mountain Ski Area violated the Telephone Consumer Protection Act (TCPA) by placing unsolicited autodialed and prerecorded voice calls to individual’s phones without their prior consent. Story says he received at least two of these unsolicited telemarketing calls from Mammoth Mountain Ski Area advertising season passes at the ski resort to his cell phone.
According to the settlement website (www.MammothTCPASettlement.com), Congress enacted the TCPA in order to protect and balance individual’s privacy rights against legitimate telemarketing practices. Specifically, the law prohibits automated calls or messages to consumers’ cell phones without their “express consent or permission.”
Business that fail to comply with TCPA law can face fines up to $1,500 per call if they are found in willful violation of the TCPA.
Mammoth Mountain Ski Area LLC denies any wrongdoing or liability but has agreed to settle the allegations to avoid the cost and risk of a trial.
Under the terms of the Mammoth Mountain Ski Area TCPA Settlement, the ski resort will pay $3.75 million to resolve all claims in the class action lawsuit. After deductions for settlement administration expenses, class-representative service payment, attorneys’ fees, and court costs, the remaining settlement funds (estimated at $2,657,500.00) will be divided among eligible class members who submit timely and valid claims, not to exceed $500 per claim.
The Frequently Asked Questions section on the settlement website further summarizes the proposed Mammoth Mountain Ski Area TCPA Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at www.MammothTCPASettlement.com.
.Class members who wish to exclude themselves or object to the terms of the Mammoth Mountain Ski Area TCPA Settlement must do so by February 20, 2018. Class members who wish to submit a claim for payment must do so by March 20, 2018.
Important Dates
- 3/20/18: Claim Form Deadline
- 2/20/18: Objection or Exclusion Deadline
- 3/13/18: Final Fairness Hearing at 1:30 pm PT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.MammothTCPASettlement.com to confirm that the date or time of the Hearing has not been changed.
Contact Information
- Mail: Paul Story v. Mammoth Mountain Ski Area, LLC, c/o Postlehwaite & Netterville, PO Box 206, Claysburg, PA 16625-0206
- Phone: 1-844-663-7660
- Fax: 814-239-1149
- Email: claims@mammothtcpasettlement.com
Class Counsel
- Michael J. Jaurigue, Abigail A. Zelenski, and David Zelenski of Jaurigue Law Group
- Lionel Z. Glancy and Mark S. Greenstone of Glancy Prongay & Murray LLP
Settlement Website