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Miracle-Ear Inc. has set aside $8 million to resolve a class action lawsuit that claims it violated federal consumer-privacy law regarding unsolicited telemarketing calls.
The class includes everyone in the United States who HearingPro called from July 1, 2016, through the date of the settlement agreement using the Five9 or Ytel dialing system.
HearingPro, a franchisee of Miracle-Ear, sent automated calls to class members to obtain new business and customers for Miracle-Ear hearing aid products, the lawsuit alleges. Calls were made, according to the lawsuit, to people who were on the National Do Not Call Registry . That telemarketing practice is prohibited by the Telephone Consumer Protection Act ( TCPA ). The defendants dispute and deny the allegation that they violated the TCPA.
The TCPA prohibits any automatic phone dialing system “to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party,” or to use fax, computer or another device to send unsolicited advertisement unless the sender has an established business relations with the recipient, or the sender obtained the number through the voluntary communication of such number within the context of an established business relationship.
In 2012, the TCPA was expanded to require written permission to receive calls from businesses and added that telemarketing companies must have an opt-out menu to terminate efforts to reach them. TCPA violations can result in $500 in statutory damage awards for each call that is made to a plaintiff whose name is on the National Do Not Call Registry . Those penalties can be tripled if the person can prove the telemarketers violated TCPA with willful intent.
Miracle-Ear, an international hearing aid company, is headquartered in Minneapolis with more than 1,500 locations in the United States, according to Entrepreneur. HearingPro , is based in St. Louis.
Those who do nothing will not receive a payment from the settlement and “will not be able to be part of any other lawsuit about the calling alleged in this case,” according to the settlement website.
Class members who file a valid and timely claim will receive a proportionate share of the $8 million settlement fund after attorneys’ fees and other expenses are paid.
Class member payments are estimated to be $25, the settlement website says.
The deadline to opt out of or object to the Miracle-Ear settlement is Aug. 1, 2022.
A final fairness hearing is set for Sept. 6, 2022.
Class members must visit the Miracle-Ear settlement website to submit a claim form.
The deadline to submit a claim form is Aug. 1, 2022.
The class includes everyone in the United States who HearingPro called from July 1, 2016, through the date of the settlement agreement using the Five9 or Ytel dialing system.
