Facts

John Kerr and others filed a consumer class action against Zacks Investment Research Inc. and Response North LLP.

PLAINTIFF’S CONTENTIONS: Kerr argued that the defendants violated the Telephone Consumer Protection Act when it auto-dialed cellphones without consent. Further, Kerr brought an invasion of privacy claim against Response North.

DEFENDANTS’ CONTENTIONS: The defendants denied Kerr’s claims arguing among other things that it did not use an automatic telephone dialing system to call consumers.

Result

The parties settled for $5.48 million, which includes $4.65 million from Zacks Investment Research, and $830,000 from Response North. Zacks' consumers with valid claims will be eligible to receive $17.43 each. Zacks also agreed to pay $1.27 million in attorney fees. Response North consumers in Kerr's TCPA class will each receive $12.57 and Response North consumers in Kerr's privacy claim class will each receive $41.90.