On June 28, 2019, a motion for preliminary approval of the proposed class action settlement in Knapper v. Cox Communications, Inc., 2:17-cv-00913, was filed in the US District Court for the District of Arizona. The plaintiff, who was not a customer of Cox, alleged that by placing autodialed calls and delivering pre-recorded messages to incorrect or reassigned cellphone numbers, including hers, Cox violated the Telephone Consumer Protection Act, 47 USC § 227 et seq. Cox claimed that the calls did not violate the TCPA because, among other reasons, (1) its customer had consented to receive them – but had given the plaintiff’s telephone number as the contact number for calls; (2) the calls were not made by an automatic telephone dialing system within the meaning of the TCPA; and (3) to the extent violations occurred, they were unintentional; and several other defenses.
The class, certified in February 2019, consists of non-Cox customers who received calls from Cox during the relevant 6-year period, and may include tens of thousands of individuals and companies. The proposed settlement provides for a non-reversionary common fund of $10.75 million. The motion for preliminary approval of the settlement was not opposed by Cox.