Vivint settles TCPA class action for $6 million

On February 24, 2015, Vivint, Inc. (Vivint) settled a Telephone Consumer Protection Act (TCPA) class action for $6 million for its autodialed and pre-recorded calls to consumers. The suit alleged that Vivint made numerous autodialed and pre-recorded telephone calls to consumers offering a free wireless security system if the consumer put up a Vivint advertising sign in their yard.

U.S. District Court Judge William J. Zloch certified a class of consumers who received telemarketing calls in September 2008, which included consumers who were on the national Do Not Call Registry and Vivint’s internal “do not call” list. Of the $6 million settlement, $1.8 million will be allotted for attorneys’ fees and $20,000 will go to the class representative, Matthew Benzion. Class members can receive up to $500 each, regardless of the number of telephone calls the class member received in violation of the TCPA. Any remaining funds left over will be paid to the Electronic Privacy Information Center. Remember—know what types of marketing campaigns you can conduct under the TCPA. You don’t want to get caught in a class action like this one.