NY Federal Court Grants Preliminary Approval of $38.5M TCPA Settlement

A New York federal judge recently granted preliminary approval for a $38.5 million class action settlement in Jenkins v. National Grid USA et al., 2:15-cv-01219 (E.D. N.Y. 2021), a case arising under the TCPA.  The defendants are several large-to-medium gas companies. 

The five plaintiffs, customers of the defendants, have accused them of making unsolicited robocalls to consumers’ cellphones using a prerecorded message or artificial voice.  The calls concerned debts allegedly owed by the defendants.

The proposed agreement would certify a settlement class of all U.S. residents who received a call from the defendants on their cellphones from March 9, 2011, until October 29, 2021, using a prerecorded message or artificial voice concerning a bill, account, an invitation to speak with an advocacy group or representative, or the availability of a government assistance program.  The settlement would result in an average payout of $50 to $150 for each class member while also requiring the defendants to implement training programs and procedures to prevent any future TCPA violations.