A class action settlement has been reached with Omaha Steaks Inc. over allegations that the food company violated the Telephone Consumer Protection Act (TCPA).
According to the lawsuit filed by plaintiff Michael Hetherington, Omaha Steaks placed phone calls to cell phones (and other phone numbers where the call recipient was charged for the call) using an automatic telephone dialing system (ATDS). An ATDS uses a number generator to produce random or sequential phone numbers that are then dialed and the call is placed.
The plaintiff alleged that thousands of these autodialed phone calls were placed over the last four years to cell phone customers without their previous express written consent to receive such calls, in violation of the TCPA.
Omaha Steaks denied any wrongdoing and assert that they have not acted improperly under the law. They stated that they believe to have many defenses to ensure their success at a trial, including their belief that a Class would not be granted certification.
However, Omaha Steaks agreed to enter into a settlement with the plaintiff and Class to avoid the cost of a trial. The plaintiff as Class Representative and Class Counsel feel this settlement is in the best interest of Settlement Class Members.
Omaha Steaks agreed to pay between $4.5 and $5.2 million to resolve the claims in the TCPA class action lawsuit.
Class members wishing to exclude themselves or object to the settlement must send their request by mail postmarked no later than June 3, 2016.
“All persons and entities to whom OS placed calls to their cellular telephones through means other than manually dialing each digit of the telephone number during the time period from and including December 9, 2009, through and including December 17, 2013, without their prior express consent.”
Up to $60 cash or up to $80 for a Reward Card redeemable at Omaha Steaks
Proof of Purchase
Eligible claimants must sign a sworn statement that they received a call from Omaha Steaks during the eligible class period without prior consent.
Claim Form Deadline
Hetherington v. Omaha Steaks Inc., et al., Case No. 3:13-cv-2152, in the U.S. District Court for the District of Oregon
Food Call Settlement
P.O. Box 30210
College Station, TX 77842-3210
John P. Wolff, III
Christopher K. Jones
KEOGH, COX & WILSON, LTD.
BOHRER LAW FIRM, L.L.C.
Keith S. Dubanevich
Jennifer S. Wagner
STOLL STOLL BERNE LOKTING & SHLACHTER P.C.
Duane A. Bosworth
Kenneth E. Payson
Jaime Drozd Allen
DAVIS WRIGHT TREMAINE LLP