Class members contend that Zacks Investment Research Inc. and the marketing company Response North LLP violated the Telephone Consumer Protection Act by making unsolicited phone calls to consumers. Mr. John Kerr (lead plaintiff) states he started received unsolicited phone calls on his cellphone from the Utah-based marketing company Response North after he bought a book sold by the Illinois-based investment research firm, Zacks. The TCPA protects consumers from receiving bothersome phone calls form an auto-dialing device without express consent. The class action lawsuit is entitled Kerr v. Zacks Investment Research Inc. et al., and is under review in the U.S. District Court for the Southern District of California.
U.S. District Judge Gonzalo P. Curiel preliminary approved the settlement on 9/27/17. Experts close to the case predict this settlement will affect more than 260,000 Zaks members. It this time is appears there will be three settlement classes as follows:
- Nationwide class of consumers who received calls from Zacks or its affiliates between May 6, 2012, and June 30, 2017
- Nationwide class who received a call from Response North as part of its Zacks Book Campaign or the Options Trading Campaign
- California class of consumers who received recorded calls from Response North
Zacks Investment Research Inc. and the marketing company Response North LLP have agreed to a $5.48 million dollar settlement in order to avoid any further litigation.
Expect settlement payments?
- Zacks class members $17 each
- Response North TCPA class would receive $12.57
- Response North privacy class would receive $41.90 each
Class members who file timely claims will be represented by James T. Hannink and Zach P. Dostart from the law firm of Dostart Hannink & Coveney LLP.
Zacks is represented by Shannon Z. Petersen and Lisa S. Yun of Sheppard Mullin Richter & Hampton LLP and Danielle J. Gould and Joshua J. Cauhorn of Burke Warren Mackay & Serritella PC. Response North is represented by Blair R. Jackson of Invictus Law PLLC and Stephen Turner and Patrik Johansson of Lewis Brisbois Bisgaard & Smith LLP.
Class members can reach Dostart Hannink & Coveney LLP
- Telephone: 858-623-4200
- Address: 4180 La Jolla Village Drive, Suite 530, La Jolla, California 92037