Stellar Settlement

ABOUT YOUR SECOND CHECK

On August 30, 2016 we sent out over 27,000 checks for $92.12 to class members in the lawsuit against Stellar Concepts & Design, Inc. that had placed pre-recorded telephone calls to Washington businesses. Not everyone cashed their checks and so there are additional funds available to send a second check to all class members who cashed the check. PLEASE note the second check must be cashed by February 28, 2017.


 

SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY

RICHARD MACLEAN and GLOBAL EDUCATION SERVICES, INC.,
on behalf of themselves and all others similarly situated,
Plaintiffs,

vs.

STELLAR CONCEPTS & DESIGN, INC. and VOICE MARKETING, INC.,
Defendants.

CLASS ACTION
Case No.  10-2-04301-2 SEA

 


 

ABOUT THE SETTLEMENT

In January 2010, now over six years ago, Richard Maclean operated a business called Global Education Services, Inc.  Richard, like many other businesses in Washington, received pre-recorded messages soliciting his business, so-called “robocalls”.  Frustrated with these calls, he reached out to Williamson and Williams to determine if there was any way to stop the calls.

One of the robocalls received was from Stellar Concepts & Design, Inc., a business in Florida that promoted its printing and marketing services.  Under Washington State law it is illegal to place pre-recorded telephone calls to businesses using an automated dialer.  Stellar, using a third party vendor, Voice Marketing, had placed over 30,000 robocalls to Washington businesses.  [Read a transcript of the message that was played (PDF)].  We decided to bring a class action against Stellar on behalf of all businesses in Washington that were called, planning to obtain an injunction to prevent Stellar from making such calls and damages for each class member.  [Read the Complaint (PDF)] Later we added Voice Marketing, Inc. because it placed the actual calls.

As the case progressed, it became clear that Stellar did not have sufficient assets to pay a judgment for damages but that it did have $4,000,000 of insurance.  Its insurance carrier, Old Dominion Insurance Company, however, claimed it did not have to cover the claims in the lawsuit.  A settlement was reached that provided that class members would be paid from any insurance proceeds that could be obtained from Old Dominion, which would require litigating against Old Dominion in Florida.  [Read the Settlement Agreement (PDF)].   That settlement was approved by Judge Susan Craighead and a class of all businesses called in Washington was certified and a postcard notice was sent on June 21, 2012 to all class members that described the settlement.   [Read the postcard (PDF)].  Because there was no immediate prospect of any money to be paid many class members may not remember the notice.

Now Old Dominion has been required to pay the $4,000,000 and the funds are available to be mailed to class members.  There are over 28,000 class members and each will receive a check like this one for $92.12.  Because not everyone may receive their payment or cash their checks timely (The check must be cashed within 60 days), there may be additional funds available to send a second check to all class members.

• • •

WHAT SHOULD I DO?

Cash the check-it’s your award from the settlement because of the illegal call made to your business.

WHAT HAPPENS IF I CASH THE CHECK?

You will have $92.12 to use as you see fit. There are no other consequences if the check is cashed.

WHAT HAPPENS IF I DON’T CASH THE CHECK?

After sixty days, the check will be invalid. The amount remaining after calculating the total of uncashed checks will either be distributed to class members who did cash their checks or given to a charity.

WHAT IF I DON’T THINK THE CHECK IS LEGITIMATE?

Many class members have called us questioning the validity of the checks. They have also called the Better Business Bureau, the Court, the Attorney General’s Office, and their banks. Some called KOMO News and reporter Connie Thompson interviewed us so that viewers could learn more about the case and be assured the checks were genuine. You can read more in our post, KOMO News Interviews Williamson & Williams About Stellar Checks or the original article and interview at komonews.com: Local check mailings raise suspicion, but the $92 checks are legit (http://komonews NULL.com/news/consumer/local-check-mailings-raise-suspicion-but-the-92-checks-are-legit).