Late last week, Dun & Bradstreet Creditability Corp. and its related entities settled a class action lawsuit. In the lawsuit, the plaintiffs alleged that Dun & Bradstreet violated the Telephone Consumer Protection Act (“TCPA”) by using an automatic dialing system to call cellular phones without prior express consent of the plaintiffs. As part of the settlement, neither party admitted wrongdoing. If the court approves the settlement, a $10.5 million fund will be established to be distributed among the class. Additionally, the defendants initiated certain practice changes that are designed to prevent TCPA violations in the future.

TAKEAWAY: This case serves as a reminder to advertisers who engage in telemarketing campaigns. Advertisers should take care when engaging in these campaigns, as the costs of litigation and settlement can become expensive.