Knapper v. Cox Communications, Inc., No. 2:17-cv-00913-SPL, Doc. 126 (D. Ariz. Dec. 13, 2019)
- What is this lawsuit about?
Joanne Knapper filed this lawsuit against Cox Communications, Inc. ("Cox"), alleging that Cox violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, when calling consumers on their cellular telephones, via an automatic telephone dialing system or with an artificial or prerecorded voice, who are not and were never Cox customers. Cox denies the allegations, denies that it used an automatic telephone dialing system to place calls to Settlement Class Members, and denies that it violated the TCPA. The Court did not decide who is right or wrong. The parties have agreed to a settlement.
- Why is this a class action?
In a class action, one or more people called “class representatives” file a lawsuit on behalf of people who have similar claims. All of these people together are a “class” or “class members.” The Court accordingly resolves claims for all class members, except for those who exclude themselves from the class.
- Why is there a settlement?
Ms. Knapper, on the one hand, and Cox, on the other, have agreed to settle the lawsuit to avoid the time, risk, and expense associated with it, and to achieve a final resolution of the disputed claims. The proposed settlement was reached after Ms. Knapper and Cox attended mediation with retired Judge Layn Phillips. Under the settlement, Settlement Class Members will obtain a payment in settlement of the claims Ms. Knapper raised in the lawsuit. Ms. Knapper and her attorneys think the settlement is fair and reasonable.
- How do you know if your claims are included in the Settlement?
This settlement resolves claims on behalf of the following class:
(1) All users of or subscribers to cellular telephones throughout the United States, (2) to whom Cox Communications, Inc. made or initiated at least one call to a cellular telephone, (3) via an automatic telephone dialing system or with an artificial or prerecorded voice, (4) from March 28, 2013 through March 21, 2019, (5) whose cellular telephone number was at any time associated with a Neustar score of 01 in Cox Communications, Inc.’s available records.
Excluded from the Settlement Class are individuals who were customers of Cox Communications, Inc. at any time prior to March 22, 2019.
- What does the Settlement provide?
Cox will establish a settlement fund in the amount of $10.75 million. Out of the settlement fund, Cox will pay:
- Settlement compensation to Settlement Class Members;
- Notice and administration costs not to exceed $500,000;
- An award of attorneys’ fees;
- Costs and expenses incurred litigating this matter; and
- An incentive award to Ms. Knapper.
Each participating Settlement Class Member will be entitled to approximately $700.
The Court held a final fairness hearing on December 10, 2019. The Court approved the settlement on December 13, 2019.