If you received a telemarketing call from Paradise Exteriors, you may be eligible to claim up to $575 from a class action settlement.
Paradise Exteriors has agreed to pay $1,400,000 to settle a class action lawsuit for alleged violations of the Telephone Consumer Protection Act (TCPA) by making pre-recorded calls to cellular telephone numbers without consent.
Who Can Claim an Award?
The settlement includes all users or subscribers to cellular telephone numbers that were contacted by Paradise Exteriors from November 1, 2021, through April 30, 2022, after having been supplied as referrals by existing customers of Paradise Exteriors. According to the official settlement website, approximately 2,435 individuals are part of this class.
If you received a telemarketing call from Paradise Exteriors during this period and your name and phone number appeared in the calling records obtained for this case, you may be included in the class. Even if you did not receive a postcard notice, you may still be part of the class if your cell phone number appears in the calling records. To verify if your number is included, you can call the Settlement Administrator at (833) 630-7894 and provide your name, cell phone number, and a current email.
How much can class members get??
Class members who submit approved claims shall receive an amount not to exceed $575, less each class member's share of any attorneys' fees and expenses. In the event that claims exceed a certain threshold, the amount will also be reduced by each class member's share of settlement administration expenses.
Important notes:
- Only approved claims will be paid
- Only one claim per class member per telephone number will be validated and deemed an approved claim
Example Calculation
If the total settlement fund is $1,400,000 and there are 2,435 class members, the maximum potential payout per member would be:
Maximum Payout = $1,400,000 / 2,435 ≈ $575
However, this amount will be reduced by the share of attorneys' fees and settlement administration expenses. For instance, if attorneys' fees and expenses total $466,666 (one-third of the settlement sum), the remaining amount for class members would be:
$1,400,000 - $466,666 = $933,334
Dividing this remaining amount by the number of class members:
$933,334 / 2,435 ≈ $383.41
Thus, each class member might receive approximately $383.41, assuming no other deductions.
Is Proof Required to Claim an Award?
Not applicable. The Settlement Administrator already has the information needed to determine class membership.
How to Claim an Award
To claim your award, you must complete and submit a valid Claim Form. You can file your claim form online or send it by U.S. Mail to the address below. The deadline to file a claim online is 11:59 p.m. PST on September 11, 2024.
Claim forms submitted by mail must be postmarked on or before September 11, 2024, to:
Dumas v. Paradise Exteriors
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324
Important Dates
- Deadline to File a Claim: September 11, 2024
- Final Approval Hearing Date: September 19, 2024
When is the Paradise Exteriors Settlement Payout Date?
Payments will be made after the Court grants final approval to the settlement and any appeals are resolved.
Why is There a Class Action Settlement?
The class action lawsuit was filed because Paradise Exteriors allegedly violated the Telephone Consumer Protection Act (TCPA) by making pre-recorded calls to cellular telephone numbers without consent. By agreeing to the settlement, the parties avoid the costs and uncertainty of a trial, and class members will receive the benefits described in this article
What Happens Next?
If you are a class member, you should file your claim by the deadline. After the final approval hearing, if the Court approves the settlement, payments will be distributed to those who submitted qualifying claim forms.
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