Knapper v Cox Communications, Inc.

Joanne Knapper filed this lawsuit against Cox, alleging that Cox violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, when calling consumers on their cellular telephones, via an automatic telephone dialing system or with an artificial or prerecorded voice, who are not and were never Cox customers. Cox denies the allegations, denies that it used an automatic telephone dialing system to place calls to Settlement Class Members, and denies that it violated the TCPA. The Court did not decide who is right or wrong. The parties have agreed to a settlement.

In a class action, one or more people called “class representatives” file a lawsuit on behalf of people who have similar claims. All of these people together are a “class” or “class members.” The Court accordingly resolves claims for all class members, except for those who exclude themselves from the class.

Ms. Knapper, on the one hand, and Cox, on the other, have agreed to settle the lawsuit to avoid the time, risk, and expense associated with it, and to achieve a final resolution of the disputed claims. The proposed settlement was reached after Ms. Knapper and Cox attended mediation with retired Judge Layn Phillips. Under the settlement, Settlement Class Members will obtain a payment in settlement of the claims Ms. Knapper raised in the lawsuit. Ms. Knapper and her attorneys think the settlement is fair and reasonable.

This settlement resolves claims on behalf of the following class:

(1) All users of or subscribers to cellular telephones throughout the United States, (2) to whom Cox Communications, Inc. made or initiated at least one call to a cellular telephone, (3) via an automatic telephone dialing system or with an artificial or prerecorded voice, (4) from March 28, 2013 through March 21, 2019, (5) whose cellular telephone number was at any time associated with a Neustar score of 01 in Cox Communications, Inc.’s available records.

Excluded from the Settlement Class are individuals who were customers of Cox Communications, Inc. at any time prior to March 22, 2019.

The Parties estimate there to be approximately 140,000 Settlement Class Members.

Cox will establish a settlement fund in the amount of $10.75 million. Out of the settlement fund, Cox will pay:

1. Settlement compensation to Settlement Class Members;
2. Notice and administration costs not to exceed $500,000;
3. An award of attorneys’ fees, subject to the Court’s approval;
4. Costs and expenses incurred litigating this matter, subject to the Court’s approval; and
5. An incentive award to Ms. Knapper, subject to the Court’s approval.

Each Settlement Class Member who submits a timely and valid claim form will be entitled, subject to the provisions of the settlement agreement, to his or her equal share of the $10.75 million settlement fund as it exists after deducting:

1. Attorneys’ fees in an amount not to exceed 28 percent of the settlement fund, subject to the Court’s approval;
2. Litigation costs and expenses not to exceed $55,000, subject to the Court’s approval; and
3. An incentive award for Ms. Knapper, not to exceed $20,000, subject to the Court’s approval.

It is estimated that each participating Settlement Class Member will receive between $100 and $300. The actual amount each participating Settlement Class Member will receive depends on the number of Settlement Class Members who submit timely, valid claims.

In the unlikely event that payments to participating Settlement Class Members would otherwise exceed $2,500, such payments will be limited to $2,500 unless Settlement Class Members provide documentary evidence in the form of, for example, telephone records from their wireless carrier, screen shots from their cellular telephones, or other documentary evidence demonstrating that they received more than five calls from Cox. In such circumstances, participating Settlement Class Members who provide documentary evidence demonstrating that they received more than five calls from Cox would receive additional compensation in the form of a pro rata portion of the remaining funds after all participating Settlement Class Members receive $2,500 each. Should this occur, the Claims Administrator will send written communications to all participating Settlement Class Members to solicit documentation demonstrating that they received more than five calls from Cox.

Settlement Class Members should not provide telephone records or other documentation identifying the number of calls they received from Cox at this time, and will be asked to do so only if settlement awards to each participating Settlement Class Member exceed $2,500.

You must mail a valid claim form to the Knapper v. Cox Communications Claims Administrator, PO Box 3170, Portland, OR 97208-3170 postmarked by October 25, 2019. Or you must submit a valid claim here by October 25, 2019.

If the Court grants final approval of the settlement, settlement checks will be mailed to Settlement Class Members who timely mailed or submitted valid claim forms no later than 45 days after the judgment in the lawsuit becomes final. If there is an appeal of the settlement, payment may be delayed.

Unless you exclude yourself from the settlement, you will be considered a member of the class, which means you give up your right to sue or continue a lawsuit against Cox over the released claims. Giving up your legal claims is called a release. Unless you formally exclude yourself from the settlement, you will release your claims against Cox.

For more information on the release, released parties, and released claims, you may obtain a copy of the class action settlement agreement here, or from the Clerk of the United States District Court for the District of Arizona.

You may exclude yourself from the settlement, in which case you will not receive a payment. If you wish to exclude yourself from the settlement, you must mail a written request for exclusion to the Claims Administrator at the following address, postmarked by October 25, 2019:

Knapper v. Cox Communications, Inc. Claims Administrator
ATTN: EXCLUSION REQUEST
PO Box 3170
Portland, OR 97208-3170

You must include in your request for exclusion your:

1. Full name;
2. Address;
3. Telephone number called by Cox demonstrating that you are a member of the Settlement Class; and
4. A clear and unambiguous statement that you wish to be excluded from the settlement, such as “I request to be excluded from the settlement in the Knapper v. Cox Communications action.”

You must sign the request personally. If any person signs on your behalf, that person must attach a copy of the power of attorney authorizing that signature.

The Court will hold a final fairness hearing on December 10, 2019, at 1:30 p.m. The hearing will take place in the United States District Court for the District of Arizona, Sandra Day O’Connor U.S. Courthouse, 401 West Washington Street, Phoenix, AZ 85003. At the final fairness hearing, the Court will consider whether the settlement is fair, reasonable, and adequate and, if so, whether final approval of the settlement should be granted. The Court will hear objections to the settlement, if any. The Court may make a decision at that time, postpone a decision, or continue the hearing.

No, there is no requirement that you attend the hearing. However, you are welcome to attend the hearing at your own expense. You cannot speak at the hearing if you have excluded yourself from the class settlement because the settlement no longer affects your legal rights.

If you do not exclude yourself from the settlement, you can object to the settlement, or any part of it, if you do not believe it is fair, reasonable, and adequate. If you wish to object, you must mail a written notice of objection, postmarked by October 25, 2019, to Class Counsel, Cox’s attorneys, and to the Court, at the following addresses:

You must include in your objection your:

1. Full name;
2. Address;
3. Telephone number called by Cox to demonstrate that you are a member of the Settlement Class;
4. Statement that you do not have, and never did have, a Cox account;
5. A statement of the specific objection(s);
6. The grounds for the objection(s);
7. Identification of any documents to show that you are a member of the Settlement Class or which you desire the Court to consider; and
8. A statement noting whether you intend to appear at the fairness hearing.

Any Settlement Class Member who objects to the settlement and wishes to enter an appearance must do so by October 25, 2019. To enter an appearance, you must file with the Clerk of the Court a written notice of your appearance and you must serve a copy of that notice, by U.S. mail or hand-delivery, upon Class Counsel and Cox’s attorneys, at the addresses set forth below.

If you do nothing and the Court approves the settlement agreement, you will not receive a share of the settlement fund, but you will release any claim you have against Cox related to the allegations in this case. Unless you exclude yourself from the settlement, you will not be able to sue or continue a lawsuit against Cox over the released claims.

If the Court does not finally approve the settlement or if it finally approves the settlement and the approval is reversed on appeal, or if the settlement does not become final for some other reason, you will receive no benefits from the settlement and the lawsuit will continue.

Ms. Knapper’s attorneys are:

The Court has appointed Ms. Knapper’s attorneys to act as Class Counsel. You do not have to pay Class Counsel. If you want to be represented by your own lawyer, and have that lawyer appear in Court for you in this case, you must hire one at your own expense.

Cox’s attorneys are:

Ms. Knapper filed her class action lawsuit in the following Court:

U.S. District Court for the District of Arizona
Sandra Day O’Connor U.S. Courthouse
401 West Washington Street
Phoenix, AZ 85003

This is only a summary of the settlement. All documents filed with the Court, including the full class action settlement agreement, may be reviewed or copied at the United States District Court for the District of Arizona. In addition, pertinent case materials, including the settlement agreement, are available here.

If you would like additional information about this matter, please contact:

Knapper v. Cox Communications Claims Administrator
PO Box 3170
Portland, OR 97208-3170
Telephone: (877) 830-7943

Please do not call the Judge about this case. Neither the Judge, nor the Clerk of Court, will be able to give you advice about this case. Furthermore, neither Cox nor Cox’s attorneys represent you, and they cannot give you legal advice.