AT&T Mobility asked a Montana federal judge to approve a $45 million settlement to resolve a putative class action alleging the company violated the Telephone Consumer Protection Act by making unsolicited calls to individuals who were allegedly not AT&T subscribers.
In a joint motion, the parties asked U.S. District Judge Dana L. Christensen to approve the proposed settlement, arguing that it presents guaranteed benefits to the 16,000-member settlement class without the risks and costs associated with a trial, while also releasing AT&T from all liability.
The proposed settlement would allow members of a settlement class to receive up to $500 per call, with the actual size of the per-call payment being determined on a pro rata basis. The parties said they reached the agreement after a mediation session with former U.S. Magistrate Judge Morton Denlow of JAMS Resolution Centers.
According to the complaint, the plaintiff received multiple recorded calls from AT&T that began with the message, “This is an important message from AT&T to discuss your wireless service.” AT&T claims customers contacted had consented to receiving the calls by providing their cellular telephone number as a can-be-reached number for AT&T’s customer accounts.
The case is Joel Hageman v. AT&T Mobility LLC, case number 1:13-cv-00050, in the U.S. District Court for the District of Montana.