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.

The deadline to file a claim passed on October 25, 2019.

Payments to eligible Settlement Class Members were mailed on March 23, 2020.

Unless you excluded yourself from the settlement, you are considered a member of the class, which means you gave 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 excluded yourself from the settlement, you released 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.

The deadline to exclude yourself from the Settlement passed on October 25, 2019.

The Final Approval Hearing was held on December 10, 2019. The Court approved the Settlement on December 13, 2019.

The Final Approval Hearing was held on December 10, 2019. At the Final Approval Hearing, the court approved the Settlement.

The deadline to object to the Settlement passed on October 25, 2019.

The deadline to file to enter an appearance passed on October 25, 2019.

As the Court approved the Settlement on December 13, 2019, if you did nothing, you will not receive a share of the settlement fund, but you will have released any claim you have against Cox related to the allegations in this case. Unless you excluded yourself from the settlement, you will not be able to sue or continue a lawsuit against Cox over the released claims.

The Final Approval Hearing was held on December 10, 2019. At the Final Approval Hearing, the court approved the Settlement.

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.