Be careful of this one. The settlement agreement contains this gem:
"Any Settlement Class Member that submits a claim agrees and consents to RCN subpoenaing their incoming call detail records for the Class Period from their telephone or cellular carrier(s) and shall upon request sign an authorization form to allow RCN to obtain such records on an expedited basis. The claim of any Settlement Class Member who refuses to execute such an authorization form will be denied."
The class period is from April 2011 to November 2016, so if you file a claim, you are also signing a subpoena giving a telemarketer full access to over 5 years of your phone call records. I hope someone objects to this settlement.
needhelpplease said: how does one even have access to 5 yrs of records? Will they follow up with phone co.?? By filing a claim for the class action, you grant the telemarketer permission to access your records directly from your phone company. This is ostensibly to verify your membership in the class, but this isn't made clear in the settlement agreement. For all you know, they could retain your records forever or sell them to a third party.
The class council and judge should be ashamed of themselves.
It certainly makes sense as a way to verify that you are a member of the class but it also would have made sense to include a clear privacy disclaimer or even better have the information only be available to the settlement administrator so the telemarketer couldn't do anything funny with it.
esteinbrenner said: It certainly makes sense as a way to verify that you are a member of the class but it also would have made sense to include a clear privacy disclaimer or even better have the information only be available to the settlement administrator so the telemarketer couldn't do anything funny with it. Why not just require proof? Eg: "For potential class members that do not appear on the class list but believe they received unsolicited calls from defendant, proof of such calls, such as a phone bill showing call activity, is required."
The way the settlement is constructed, even verified class members who receive the notice must still sign the subpoena. The whole thing reeks of chicanery.
it says 'IF' they want proof of records, they will send you another form giving them permission to get access to your records.see below: By submitting a claim you are agreeing to allow the parties to subpoena your telephone records to ver ify your claim. If either party wants to verify your claim you will receive an authorization form allowing such party to obtain your telephone records for the Class Period. If you fail to execute the authorization form your claim will be denied.
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