Dun & Bradstreet Creditability Corp., a business credit report firm, has agreed to a $10.5 million settlement in a class action case in which plaintiffs allege violations of the Telephone Consumer Protection Act (TCPA).  

The class consisted of approximately 1.1 million individuals. It is estimated that each settlement award will be between $60 and $120.  Plaintiffs claimed that between April 28, 2011 and January 31, 2016, Dun & Bradstreet used autodialing software to call cell phones without prior express consent. Jeffrey Thomas, who initially filed the suit in Oregon, claimed that Dun and Bradstreet continued to call him even after having asked to be added to their do-not-call list.  

While Dun & Bradstreet disputed these claims throughout the lawsuit, they agreed to the settlement to “avoid the expense, risk and inconvenience of further litigation”, as stated in the settlement.  In addition to the monetary compensation of the settlement, Dun & Bradstreet have agreed to implement changes to their telemarketing practices that will ensure increased compliance with the TCPA.  

This case is a good reminder for companies that engage in telemarketing to ensure that their practices are 100 percent compliant with the TCPA. Scrubbing state and federal Do-Not-Call lists, providing proper opt-outs, and avoiding non-compliant dialing software are some of the most important practices for telemarketers to put in place before they make any calls.