Frontier TCPA Settlement

Frequently Asked Questions

  1. Why is there a Notice?
  2. What is the class action lawsuit about?
  3. Why is there a Settlement?
  4. How do I know if I am part of the Settlement?
  5. What does the Settlement provide?
  6. How and when can I get a payment?
  7. What am I giving up to get a payment or stay in the Settlement Class?
  8. How do I exclude myself from the Settlement?
  9. Do I have a lawyer in this case?
  10. How will the lawyers and the Class Representative be paid?
  11. How do I tell the Court that I do not think the Settlement is fair?
  12. When and where will the Court decide whether to approve the Settlement?
  13. May I speak at the hearing?
  14. What happens if I do nothing at all?
  15. How do I get more information?
  1. Why is there a Notice?

    A Court authorized the notice because you have a right to know about a proposed Settlement of this putative class action lawsuit, and about all of your options, before the Court decides whether to approve the Settlement. If the Court approves the Settlement and after any objections or appeals are resolved, the Settlement Administrator appointed by the Court will make the payments that the Settlement allows. Because your rights will be affected by the Settlement, it is extremely important that you read the notice carefully.

    If you received notice via postcard (the “Postcard Notice”), it is because according to Frontier’s records, a qualifying telemarketing call may have been initiated by Frontier, or a party acting on its behalf, to your telephone number, between August 20, 2009 and January 25, 2017.

    The Court in charge of the Action, the United District Court for the District of Connecticut, has preliminarily approved the proposed Settlement. This Action was brought by Diana Mey, also known as the “Plaintiff” or “Class Representative.” Plaintiff sued Frontier, also known as “Defendant.” The proposed Settlement would resolve all claims in this Action.

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  2. What is the class action lawsuit about?

    A class action lawsuit is a lawsuit in which the claims and rights of many people are decided in a single court proceeding. Representative plaintiffs, like the Class Representative in this matter, assert claims on behalf on themselves and on behalf of the entire class.

    The Class Representative filed this Action alleging that Frontier violated the Telephone Consumer Protection Act (“TCPA”) by allegedly initiating unsolicited telemarketing calls.

    Frontier denies that it did anything wrong, and denies that this Action is appropriate for treatment as a class action.

    

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  3. Why is there a Settlement?

    The Court did not decide in favor of the Class Representative or Frontier. Both sides agreed to a settlement instead of going to trial. That way, they avoid the cost of a trial, and the people affected will get compensation. The Class Representative and her attorneys believe that the Settlement is best for all Settlement Class Members. The Court has granted preliminary approval of the Settlement and ordered that the notice be distributed to explain it.

    

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  4. How do I know if I am part of the Settlement?

    The Settlement provides relief for all Settlement Class Members, who are described by the Settlement Agreement as:

    All persons within the United States to whom Frontier, or any party acting on Frontier’s behalf, during the Class Period, (a) initiated more than one telemarketing call within a twelve-month period to any number registered on the National Do Not Call Registry; and/or (b) initiated one or more telemarketing calls assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call.

    The Parties agree that there are 36,219 unique telephone numbers associated with the Settlement Class.


    The following persons are excluded from the Settlement Class: (1) any trial judge that may preside over this case; (2) Defendant, as well as any parent, subsidiary, affiliate or control person of Defendant, and the officers, directors, agents, servants or employees of Defendant; (3) any of the Released Parties; (4) the immediate family of any such person(s); (5) any Settlement Class Member who has timely opted out of this proceeding; (6) any person or entity who has given a valid release of the claims asserted in the Action; and (7) Plaintiff’s Counsel and their employees.

    “Released Parties,” as used above, means (a) Frontier; (b) Frontier’s counsel; (c) Frontier’s past, present, and future direct and indirect owners, parents, subsidiaries, and other corporate affiliates; (d) Frontier’s successors and predecessors and their past, present, and future direct and indirect owners, parents, subsidiaries, and other corporate affiliates; (e) all entities with which Frontier contracted with or engaged to place telemarketing calls (including but not limited to Virido LLC), or from which to obtain lead information including telephone numbers; (f) Frontier’s insurance carriers and their counsel; and (g) for each of the foregoing Persons, each of their past, present, or future officers, directors, shareholders, owners, employees, representatives, agents, principals, partners, members, administrators, legatees, executors, heirs, estates, predecessors, successors, or assigns.

    If you have questions about whether you are a Settlement Class Member, or are still not sure whether you are included in the Settlement, you can call the Settlement Administrator toll-free at 1-844-700-3711. Please do not call Frontier or the Court for any information related to this notice or the Settlement.

    

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  5. What does the Settlement provide?

    Frontier has agreed to deposit a total settlement amount of $11,000,000 into the Settlement Fund, which will constitute Frontier’s exclusive payment obligation under the Settlement Agreement and will be used to pay: (a) Cash Benefits to Settlement Class Members, as prescribed by the Settlement Agreement; (b) Attorneys’ Fees and Costs, as awarded by the Court; (c) any incentive award awarded to Diana Mey; (d) Settlement Administration Costs, including costs of notice (including CAFA Notice); and (e) if necessary, any cy pres payment to Connecticut Legal Services, Inc. pursuant to the procedures described in Section IV of the Settlement Agreement. The Attorneys’ Fees, any Incentive Payment, Costs, and Expenses shall be paid from the Settlement Fund prior to any distribution of Cash Benefits to the Settlement Class.

    The total amount distributed to the Settlement Class (the “Total Class Member Benefits Payout”) shall be the Settlement Fund and any earnings thereon, less the amount awarded by the Court for Attorneys’ Fees and Costs to Class Counsel, the Incentive Award, and the Settlement Administration Costs. The Total Class Member Benefits Payout shall be distributed to the Settlement Class as follows: each class member will receive a Base Payment of $90 (the “Base Payment”), and then an additional amount pro rata based on the number of telemarketing calls that were initiated to the Settlement Class, in accordance with the Call Record Database. Multiple subscribers or users of any unique telephone number will be entitled to a single recovery per call. For the payments made from the balance of the Total Class Member Benefits Payout remaining after deduction for the Base Payment of $90 per each Settlement Class Member, a Settlement Class Member shall be awarded one share (the “Share,” or in the aggregate, “Shares”) for each call initiated to his, her or its telephone number according to the Call Record Database. Each Share shall entitle a Settlement Class Member to be paid, by a Benefits Check, a Cash Benefit that shall be equal to the net of Total Class Member Benefits Payout remaining after totaling the Base Payments for the Settlement Class divided by the total number of Shares awarded to all Settlement Class Members.

    Certain Settlement Class Members will be asked to provide either a Taxpayer Identification or a Social Security Number if they are receiving $600 or more in a Cash Benefit due to Internal Revenue Service (“IRS”) reporting requirements. The Settlement Administrator will issue a written notice to Settlement Class Members who will receive a payment of $600 or more as a Cash Benefit, once the allocation of Cash Benefits is determined following Final Approval. If no Taxpayer Identification or Social Security Number is timely provided, payment of the Cash Benefit may be subject to backup withholding as required by IRS regulations.


    If any amounts remain in the Settlement Fund because Settlement Class Members fail to negotiate their respective Benefit Checks, such unclaimed monies shall be distributed as follows: (a) to the Settlement Class Members who cashed their initial Benefits Checks, to the extent such a distribution is administratively and economically feasible, and if not so feasible because the remainder is too small to be divided and distributed among the class members; (b) to Connecticut Legal Services, Inc., the cy pres designated recipient as approved by the Court. No portion of the Settlement Fund will be returned to Frontier, except as provided in Section XIII of the Settlement Agreement, Termination of the Agreement.

    

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  6. How and when can I get a payment?

    Each Settlement Class Member, for whom the Settlement Administrator obtains complete and current address information, will receive a Cash Benefit made payable to the addressee on the Postcard Notice and mailed to the same address as the Postcard Notice. If you have a concern about whether the Settlement Administrator has accurate information regarding your name and address, please contact the Settlement Administrator at
    1-844-700-3711.

    As set forth above, Settlement Class Members who will receive a Cash Benefit of $600 or more will be asked to provide either a Taxpayer Identification or a Social Security Number due to IRS reporting requirements. The Settlement Administrator will issue a written notice to Settlement Class Members who will receive a payment of $600 or more as a Cash Benefit, once the allocation of Cash Benefits is determined following Final Approval. If no Taxpayer Identification or Social Security Number is timely provided, payment of the Cash Benefit may be subject to backup withholding as required by IRS regulations.

    The Court will hold a hearing on May 31, 2017 to decide whether to approve the Settlement. If the Settlement is approved, appeals may still follow. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Please be patient.

    

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  7. What am I giving up to get a payment or stay in the Settlement Class?

    If you are a Settlement Class Member, unless you exclude yourself, that means that you cannot sue, continue to sue, or be part of any other lawsuit against Frontier about the legal issues in this case, and all of the decisions and judgments by the Court will bind you.

    For certain telemarketing calls to numbers on the National Do Not Call Registry, the TCPA provides for damages of up to $500 per call, and up to $1500 per call if placing the call is found to be willful. For certain telephone calls to cellular numbers, the TCPA provides for damages of $500 per call, and up to $1,500 per call if placing the call is found to be willful. Frontier, however, has denied that it initiated calls that violated the TCPA or any other law, that Plaintiff and the putative class are entitled to any relief, and that the allegations contained in the Complaint are amenable to class certification. In addition, please note that the TCPA does not provide for attorneys’ fees to prevailing plaintiffs.

    If you do nothing at all, you will be unable to file your own lawsuit involving all of the claims described and identified herein, and you will release Frontier from any liability.

    Remaining in the Settlement Class means that you, as well as your respective assigns, heirs, executors, administrators, successors and agents, will release, resolve, relinquish and discharge Frontier and the Released Parties from any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, tribal law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law, or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that arise out of or relate in any way to Frontier initiating telephone calls to Settlement Class Members during the Class Period (the “Released Claims”). Released Claims include all TCPA claims and all state law claims arising out of the alleged making of telephone calls. Remaining in the Settlement Class also means that you agree that you will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which you may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims.

    The Settlement Agreement provides more detail regarding the release and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in Question 9 for free or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Parties or the Released Claims or what they mean.

    The release does not apply to Settlement Class Members who timely opt out of the Settlement.

    

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  8. How do I exclude myself from the Settlement?

    To exclude yourself from the Settlement, you must send a Request for Exclusion by mail saying that you want to be excluded from Diana Mey v. Frontier Communications Corporation, No. 3:13-cv-01191-MPS (D. Conn.). Be sure to include your full name, address, and telephone number(s), and sign the Request for Exclusion. You must also include a statement that you wish to be excluded from the Settlement. You must mail your Request for Exclusion by first class mail, postage prepaid, and postmarked no later than March 27, 2017 to:

    Frontier TCPA Class Action Settlement Administrator
    P.O. Box 43434
    Providence, RI 02940-3434

    You cannot exclude yourself by telephone or by email. You cannot exclude yourself by mailing a request to any other location other than the address above or after the deadline.

    If you ask to be excluded, you will not get any Cash Benefit, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this Action. You may be able to sue (or continue to sue) Frontier in the future about the legal claims in this case.

    If you do not exclude yourself and the Settlement is finally approved, you give up any right to sue Frontier on any of the claims that the Settlement resolves. If you have a pending lawsuit against Frontier over these claims, speak to your lawyer in that case immediately. You must exclude yourself from the Settlement Class to continue your own lawsuit.

    

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  9. Do I have a lawyer in this case?

    The Court appointed the following law firms to represent you and other Settlement Class Members:

    Edward A. Broderick
    Anthony I. Paronich
    Broderick & Paronich, P.C.
    99 High Street, Suite 304
    Boston, MA 02110

    Matthew P. McCue
    The Law Office of Matthew P. McCue
    1 South Ave., Third Floor
    Natick, MA 01760

    John W. Barrett
    Bailey Glasser LLP
    209 Capitol Street
    Charleston, WV 25301

    These lawyers are called Class Counsel. You will not be charged for these lawyers’ services. If you want to be represented by your own lawyer, you may hire one at your own expense.

    

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  10. How will the lawyers and the Class Representative be paid?

    Class Counsel will ask the Court, by a motion for Attorneys’ Fees and Costs to be filed no later than February 27, 2017, to approve payment of one-third of the Settlement Fund to compensate them for expenses and for attorneys’ fees for investigating the facts, litigating the case, and negotiating the Settlement, plus an additional amount to cover their out of pocket costs incurred in litigating the case. Class Counsel will also request an Incentive Award for the Class Representative that will not exceed $20,000, in compensation for her time and effort. The Court may award less than the requested amounts. These payments, along with the costs of administering the Settlement, will be made out of the Settlement Fund.

    Any objection to Class Counsel’s application for Attorneys’ Fees and Costs may be filed, and must be postmarked, no later than March 27, 2017, which is 30 days following the filing of Class Counsel’s Fee and Cost Application. You can object by sending a letter addressed to the Court at the address listed in the next section of this notice. In your letter you must state that you object. Be sure to include your full name, address, telephone number(s), and the reasons you object to the proposed award, or to the amount of the proposed award.

    

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  11. How do I tell the Court that I do not think the Settlement is fair?

    If you are a Settlement Class Member, you can object to the Settlement if you do not think the Settlement is fair. You can tell the Court that you do not agree with the Settlement or some part of it. You can state reasons why you think the Court should not approve it. The Court will consider your views.

    To object, you must file a written objection with the Court by March 27, 2017 saying that you object to the proposed Settlement in Diana Mey v. Frontier Communications Corporation, No. 3:13-cv-01191-MPS
    (D. Conn.). Be sure to include your full name, address, telephone number(s), the reasons you object to the Settlement and whether you intend to appear at the Final Approval Hearing on your own behalf or through counsel. Your objection to the Settlement must be postmarked no later than March 27, 2017.

    The objection must be mailed to:

    Office of the Clerk
    United States District Court
    450 Main Street
    Hartford, CT 06103

    And

    Edward A. Broderick
    Anthony I. Paronich
    Broderick & Paronich, P.C.
    99 High Street, Suite 304
    Boston, MA 02110

    Matthew P. McCue
    The Law Office of Matthew P. McCue
    1 South Ave., Third Floor
    Natick, MA 01760

    John W. Barrett
    Bailey Glasser LLP
    209 Capitol Street
    Charleston, WV 25301

    And

    Lauri A. Mazzuchetti
    Kelley Drye & Warren LLP
    One Jefferson Road, 2nd Floor
    Parsippany, NJ 07054

    Archis A. Parasharami
    Mayer Brown LLP
    1999 K Street, N.W.
    Washington, DC 20006-1101

    Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself, or opting out, is telling the Court that you do not want to be included in the Settlement. If you exclude yourself, you cannot object because the Settlement no longer affects you.

    You have the right to consult and/or retain an attorney of your choice at your own expense, to advise you regarding the Settlement and your rights in connection with the Settlement and the Final Approval Hearing as described below. You also have the right, either personally or through an attorney retained and paid by you, to object to the Settlement Agreement.

    

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  12. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a hearing to decide whether to approve the Settlement. This Final Approval Hearing will be held at 10:00AM on May 31, 2017 in Courtroom Two of the U.S. District Court for the District of Connecticut, 450 Main Street; Hartford, CT 06103. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to award attorneys’ fees, expenses, and service awards as described above, and in what amounts. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long it will take the Court to issue its decision. It is not necessary for you to appear at this hearing, but you may attend at your own expense.

    

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  13. May I speak at the hearing?

    You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter saying that you intend to appear at the Final Approval Hearing in Diana Mey v. Frontier Communications Corporation, No. 3:13-cv-01191-MPS (D. Conn.). Be sure to include your full name, address, and telephone number(s). You cannot speak at the hearing if you excluded yourself from the Settlement Class. Your letter stating your notice of intention to appear must be postmarked no later than March 27, 2017 and be sent to the following address:

    Office of the Clerk
    United States District Court
    450 Main Street
    Hartford, CT 06103

    

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  14. What happens if I do nothing at all?

    If you do nothing, and are a Settlement Class Member and the Settlement Administrator obtains your complete and current address information, you will receive a Cash Benefit after the Court approves the Settlement and any appeals are resolved (subject to the potential requirement to provide a Taxpayer Identification or a Social Security Number). Unless you exclude yourself, you will be bound by the terms and conditions of the Settlement Agreement and you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Frontier about the legal issues in this Action, ever again.

    

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  15. How do I get more information?

    The notice summarizes the pertinent portions of the proposed Settlement Agreement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by calling the Settlement Administrator toll-free at 1-844-700-3711; or writing to: Frontier TCPA Class Action Settlement Administrator, P.O. Box 43434, Providence, RI 02940-3434; where you will find answers to common questions about the Settlement, plus other information to help you determine whether you are a Settlement Class Member and whether you are eligible for a Cash Benefit.

    

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