Case Information

About This Case

Update: The Final Approval Hearing was held on January 16, 2024, and the Court granted Final Approval on February 13, 2024.

If you received a call on your cell phone from Powell Electric, or you called Powell Electric at 800-660-8076 or 310-836-8076 from your cell phone, between May 14, 2019 and May 14, 2020, the call was recorded while you were in California, and you did not consent to have the call with Powell Electric audio recorded, you may be entitled to compensation under a class action settlement.

  • A consumer (“Class Representative”) brought a lawsuit alleging that K M P Enterprises d/b/a Powell Electric (“Powell Electric” or “Defendant”), violated the California Invasion of Privacy Act (“CIPA”), § 632.7, by audio recording cellular telephone calls without consent of all parties to the call.

  • A proposed class action settlement has been reached in this case, which affects individuals in California who were called on their cell phone by Powell Electric, or who called Powell Electric at 800-660-8076 or 310-836-8076 from their cell phone, between May 14, 2019 and May 14, 2020 (the “Class Period”), where the call was recorded, and who did not consent to have the call with Powell Electric audio recorded.

  • The settlement, if approved, will provide a $1,900,000.00 settlement fund (“Common Fund”) from which Settlement Class Members will be sent a settlement check without the need to submit a claim form. The common fund will be used to pay a settlement check to Settlement Class Members whose name and address are known or identified through reasonable efforts. It is estimated that each Settlement Class Member will be sent a check in the amount of $178.00 as a cash payment; however, this is only an estimate.

  • You are a “Settlement Class Member” who is eligible to receive a settlement payment if you were called on your cell phone by Powell Electric, or you called Powell Electric at 800-660-8076 or 310-836-8076 from your cell phone, between May 14, 2019, and May 14, 2020, the call was recorded while you were in California, and you did not consent to have the call with Powell Electric audio recorded. Defendant’s employees are excluded from the Settlement.

  • In addition to paying a cash settlement check to Settlement Class Members, the Common Fund will be used to pay attorneys’ fees and litigation costs to attorneys representing the Class Representative and the Settlement Class (the “Class Counsel”), any service award to the Class Representative, the reasonable costs of notice and administration of the settlement, and a possible charitable contribution to one or more charities if there are funds remaining from uncashed settlement checks. Defendant also agrees to change its call recording practices.

  • Your legal rights are affected whether you act or do not act. Read the information on this website carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

Update or Provide Contact Information

You can update or provide your contact information through the Online Portal. If you received Notice by email or in the mail, please use your SIMID and Last Name in order to update your contact information. This portal will remain active through December 22, 2023.

Do Nothing

If you do nothing, you will give up any rights to sue Powell Electric or anyone else separately regarding the legal claims in this case.

Exclude Yourself or "Opt Out" of the Settlement

Get no payment. If you exclude yourself by November 22, 2023, you will keep any rights you may have against Powell Electric or anyone else with respect to the legal claims in this case for damages of $5,000.00.

Objection

Write to the Court by November 22, 2023, about why you believe the Settlement is unfair.

Go to a Hearing

Speak in Court at the hearing on January 16, 2024, at 10:00 a.m. about the fairness of the Settlement, whether or not you submit a valid and timely objection.

These rights and options - and the deadlines to exercise them - are explained on this website. The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made to Settlement Class Members if the Court approves the Settlement and after any appeals are resolved. Please be patient.

Important Dates

Exclusion (Opt Out) Deadline

Wednesday, November 22, 2023

The deadline to request exclusion from (opt-out of) the Settlement is November 22, 2023. See FAQ #8 for more information.


Objection Deadline

Wednesday, November 22, 2023

The deadline to object to the Settlement is November 22, 2023. See FAQ #11 for more information.


Final Approval Hearing Date

Tuesday, January 16, 2024

The Final Approval Hearing will be held at 10:00 a.m. on January 16, 2024, at the Superior Court of the State of California for the County of Los Angeles, Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012, in Courtroom 14. See FAQ #12 for more information.


Disbursement Date

Friday, June 14, 2024

All checks have been disbursed on Friday, June 14, 2024.