Vote: approved

Item Text

A-1. CLAIM IN SETTLEMENT OF CLASS ACTION LAWSUIT AGAINST UNITED ARTISTS THEATRE CIRCUIT, INC. (UAT) AND AMERICAN BLAST FAX (ABF) Authorize filing a claim for inclusion in a proposed settlement of a certified class action lawsuit filed in Maricopa County Superior Court against UAT and ABF. The proposed Settlement creates a common fund in excess of $6.8 million to pay class members’ claims, attorneys’ fees and costs. In September 1999, UAT and ABF transmitted facsimile advertisements to facsimile numbers in the Phoenix metropolitan area. Sending those unsolicited facsimiles violated the Telephone Consumer Protection Act, 47 U.S.C. § 227. Maricopa County owned or controlled approximately 20,000 facsimile numbers that were sent the advertisement in September 1999. The proposed Settlement provides for payment of approved claims at the rate of $500, the maximum amount recoverable for a non-willful violation of the TCPA, 47 U.S.C. § 227(b)(3). The actual amount to be paid for approved claims may be paid on a pro rata basis in the event of a high claims rate and deductions for attorneys’ fees and costs. This item was discussed in executive session on September 12, 2011. (C-19-12-013-S-00)

Vote: approved

Item Text

3 . CLAIM IN SETTLEMENT OF CLASS ACTION LAWSUIT AGAINST UNITED ARTISTS THEATRE CIRCUIT, INC. (UAT) AND AMERICAN BLAST FAX (ABF) Authorize filing a claim for inclusion in a proposed settlement of a certified class action lawsuit filed in Maricopa County Superior Court against UAT and ABF. The proposed Settlement creates a common fund in excess of $6.8 million to pay class members’ claims, attorneys’ fees and costs. In September 1999, UAT and ABF transmitted facsimile advertisements to facsimile numbers in the Phoenix metropolitan area. Sending those unsolicited facsimiles violated the Telephone Consumer Protection Act, 47 U.S.C. § 227. Maricopa County owned or controlled approximately 20,000 facsimile numbers that were sent the advertisement in September 1999. The proposed Settlement provides for payment of approved claims at the rate of $500, the maximum amount recoverable for a non-willful violation of the TCPA, 47 U.S.C. § 227(b)(3). The actual amount to be paid for approved claims may be paid on a pro rata basis in the event of a high claims rate and deductions for attorneys’ fees and costs. This item was discussed in executive session on September 12, 2011 and September 26, 2011. This item was continued from the September 14, 2011 meeting. (C-19-12-013-S-00)