Who is a Class Member
There are three Classes included in this settlement.
Zacks Investment Research TCPA Settlement Class includes “all natural persons nationwide who, between and including May 6, 2012 and June 30, 2017, received a telephone call that was (1) made to their cellular telephone and (2) initiated by or on behalf of ZIM or ZIR using an automatic telephone dialing system.”
Response North TCPA Settlement Class includes “all natural persons nationwide who received from Response North a telephone call reflected in contact databases produced by Response North, which (1) was placed as part of the Zacks Book Campaign and/or the Options Trading Campaign and (2) was received on a cellular telephone.”
Response North Privacy Settlement Class includes “all California residents who received from Response North a telephone call reflected in contact databases produced by Response North, which (1) was made on a telephone line that was subject to recording by Response North and (2) was received by the recipient in the State of California.”
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
Settlement Amount
- $4,650,000 (Zacks Investment Research)
- $830,000 (Response North)
Estimated Award
- $12.57 – $41.90
Once attorneys’ fees, court costs, service awards, and settlement administration expenses are deducted from the total $5.48 million settlement, class members will receive an equal share of the net settlement fund. It is estimated that class members will receive the following:
- Zacks Investment Research Class: $17.43
- Response North Class: $12.57
- Response North Privacy Class: $41.90
Proof of Purchase
- N/A
Claim Form
Class members can also download PDF versions of the claim form below or on the settlement website:
Zacks Investment Research TCPA Settlement Notes
- Kerr, et al. v. Zacks Investment Research, Inc., et al.
- Case No.16-cv-01352 GPC BLM
- Pending in the U.S. District Court for the Southern District of California
In May 2016, plaintiff Kerr filed this class action lawsuit against Zacks Investment Research alleging violations of the Telephone Consumer Protection Act and the California Invasion of Privacy Act. Specifically the TCPA class action lawsuit claims that Zacks Investment Research placed calls via an autodialer to consumers’ cell phones without their prior express consent. These telemarketing calls were for the purpose of promoting a book published by Zacks and for advertising an educational seminar regarding options trading.
It is against the law for companies to call consumers using an automatic telephone dialing system (autodialer or ATDS) or to place calls using an artificial or prerecorded voice if the recipient has not given permission to receive such calls (prior express consent).
Complete details about the case and settlement are provided on the Zacks Investment Research TCPA Settlement website.
Class members who wish to opt-out or object to the Zacks Investment Research TCPA Settlement must do so by February 16, 2018. Class members who wish to participate in the settlement must submit their claim form on or before February 16, 2018.
Important Dates
- 2/16/18: Claim Form Deadline
- 2/16/18: Opt-out or Objection Deadline
- 4/6/18: Final 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.kerrvzirsettlement.comto confirm that the date or time of the Hearing has not been changed.
Contact Information
- Mail: CPT Group, 50 Corporate Park, Irvine, CA 92606
- Phone: 1-888-202-1727
- Email: KerrvZIRSettlement@CPTGroup.com
Class Counsel
- James T. Hannink and Zach P. Dostart of Dostart Hannink & Coveney LLP
Settlement Website