Alpha Gas and Electric Settles TCPA Class Action for $1.1 Million

Print Friendly, PDF & Email

November 17, 2016

tcpa-class-actionOn November 10, 2016, the United States District Court for the Southern District of New York issued an order preliminarily approving a $1.1 million settlement of a class action brought under the Telephone Consumer Protection Act (“TCPA”).  The TCPA class action was commenced by Stewart Abramson against Alpha Gas and Electric, LLC (“Alpha”), a provider of gas and electric service in the states of New York, New Jersey, Pennsylvania and Ohio.  The named plaintiff alleged that on June 1, 2015, he received an unsolicited telemarketing call from Alpha sent through use of an automated dialer, despite the fact that he had never consented to receive such telemarketing calls.  Shortly after the complaint was filed, the Court agreed to stay the litigation while the parties entered into mediation.  The settlement agreement that has been preliminarily approved by the Court was arrived at through the mediation process.

What are the Terms of Alpha’s TCPA Class Action Settlement Agreement?

Terms of Alpha’s TCPA Class Action Settlement Agreement

Pursuant to the TCPA class action settlement agreement, Alpha will pay $1.1 million into a settlement fund.  In addition, pursuant to the settlement agreement, plaintiff’s counsel shall move for an award of attorneys’ fees representing one-third of the settlement amount.  Plaintiff also seeks an incentive award of $10,000.00.

Potential class members will have until February 8, 2017 to object to the settlement agreement or otherwise opt-out of the settlement.  The Court will hold a final-approval hearing on April 19, 2017.

Protect Yourself

TCPA class action complaints expose defendants to potentially significant financial costs and penalties, even when an amenable settlement is reached.  We previously blogged about a recent $5.2 million TCPA class action settlement.  Given such risk, it is important that competent counsel is consulted prior to engaging in any telemarketing campaign to ensure compliance with the TCPA and other state and federal telemarking laws, rules and regulations.

If you are interested in learning more about this topic, please visit the Telemarketing Law practice area of our website.  If you have been served with process concerning your telemarketing practices in general, please e-mail us at or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

Attorney Advertising

Similar blog posts:

Federal Court Revives Suspended Judgment Against Text Message Marketing Company Principal

For Profit University Unable to Defeat TCPA Class Action

Complaint Alleges T-Mobile and Subway Violated TCPA

David O. Klein

David O. Klein

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

Schedule a Call
In The Know

Trending Topics

New York Sweepstakes Law blog- Klein Moynihan Turco

New York Sweepstakes Law: Are You Compliant?

Print Friendly, PDF & Email

In general, a lottery exists when entrants pay for the chance to win a prize. States alone reserve the right to administer lotteries. Businesses can eliminate one element of what would otherwise be an illegal lottery, in order to transform it into a legal promotional game. If the requirement to

TCPA surveys

An Ad or not an Ad: NY Weighs in on TCPA Surveys

Print Friendly, PDF & Email

Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision that removes faxed invitations to participate in a survey from the TCPA definition of advertisement. In drawing this distinction for TCPA surveys, the Court held

NY sports gambling law- Klein Moynihan Turco

Agreement Reached to Enact NY Sports Gambling Law

Print Friendly, PDF & Email

This week, Governor Andrew Cuomo and the New York State Legislature agreed to a budget deal that will bring mobile sports betting to the State through a unique NY sports gambling law.  Upon the Governor’s signature, NY sports gambling is primed to become the nation’s largest market. However, New York

UK and US Social Media Influencer Laws

UK and US Social Media Influencer Laws

Print Friendly, PDF & Email

In September of 2020, the United Kingdom’s (“UK”) Committee of Advertising Practice (“CAP”) reviewed the Instagram accounts of 122 UK-based social media influencers to determine whether content was being properly flagged as advertising in accordance with applicable social media influencer laws. This past March, the UK Advertising Standards Authority (“ASA”)

Running a Telemarketing Business?

Get a Free Compliance Review From an Experienced TCPA Lawyer.

Share on facebook
Share on google
Share on twitter
Share on linkedin