Madison - St. Clair Record

Wednesday, November 13, 2019

Parties settle action over cable company's alleged repeated calls to cellphone

Federal Court

By John Breslin | Oct 16, 2019

Cellphone 1000x667

BENTON – A Herrin woman has settled her lawsuit with a cable company she had accused of repeatedly phoning despite her requests for it to stop.

Crystal Hazen-Allison had sued Charter Communication, doing business as Spectrum Cable, alleging the repeated calls she claims to have received violated the federal Telephone Consumer Protection Act (TCPA).

Ultimately, both parties, after nine months of legal back and forth, told U.S. District Senior Judge J. Phil Gilbert, of the U.S. District Court Southern District of Illinois, that they were ready to settle. Gilbert agreed and issued an order dismissing the action without costs and with prejudice, meaning that it cannot be filed again.

No details of the Sept. 17 settlement were disclosed except that the parties had resolved the issues alleged in the claim and that they wished to “discontinue the litigation.”

In her complaint filed in January, Hazen-Allison alleged Spectrum Cable kept calling her cellphone despite her requests for it to stop.

The plaintiff alleged that she began receiving the calls within a year of the November  2018 filing of her complaint. After she requested the company to stop, the calls, from an automatic dialing system, continued, according to the complaint as reported by the Record previously.

Hazen-Allison asked the court for statutory damages of $500 for each violation and treble that amount for “each willful violation.”

She was represented by attorney Sergei Lemberg of Lemberg Law LLC in Wilton, Conn.

Spectrum Cable was represented by Matthew D. Guletz of Thompson Coburn in St. Louis.

U.S. District Court for the Southern District of Illinois Case number 3:18-cv-02132-JPG-SCW

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U.S. District Court for the Southern District of Illinois East St. LouisU.S. District Court for the Southern District of Illinois - Benton Division

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