Zacks Investment Research TCPA Class Action Settlement
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.
The settlement could be as low as $12 and as high as $41
Proof of Purchase
Kerr, et al. v. Zacks Investment Research Inc., et al.,
Case No. 3:16-cv-01352-GPC (BLM)
District Court for the Southern District of California
First, the Lawsuit alleges that defendants Zacks Investment Management, Inc. (“ZIM”) and/or Zacks Investment Research, Inc. (“ZIR”) initiated or caused to be initiated certain telephone calls to the cellular telephones of certain customers or potential customers using an automatic telephone dialing system and without first obtaining requisite consent, in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”).
Second, the Lawsuit alleges that defendant Response North LLC (“Response North”) initiated certain telephone calls to the cellular telephones of certain individuals in connection with telemarketing efforts relating to a book published by ZIR (the “Zacks Book Campaign”), or relating to an educational seminar regarding options trading (the “Options Trading Campaign”), without first obtaining requisite consent, in violation of the TCPA. The Lawsuit alleges that telephone calls made by Response North in connection with the Zacks Book Campaign were made by Response North as agent of defendants ZIR, National Marketing Resources LLC (“NMR”), and/or Paradigm Direct LLC (“Paradigm”).
Third, the Lawsuit alleges that Response North recorded without consent certain telephone calls with customers or potential customers who were residents of the State of California and who were physically present in California at the time of the calls, in violation of the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq. The Lawsuit alleges that any of these calls made by Response North in connection with the Zacks Book Campaign were made by Response North as agent of defendants ZIR, NMR, and/or Paradigm.
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