Software Call Settlement

Overview of The Settlement

If you received a call on your cell phone promoting a Nuance software product between May 8, 2009 and May 12, 2015, a class action settlement may affect your rights.

  • A settlement has been reached in a class action lawsuit against Nuance Communications, Inc. (“Nuance”) and Infinity Contact, Inc. (“Infinity,” and together, “Defendants”). The class action lawsuit is about whether Infinity, on behalf of Nuance, made unsolicited calls with an autodialer to consumers’ cell phones and to cell phone numbers on the National Do-Not-Call List.
  • You are included if you received a call on your United States cellular phone from Infinity for the purpose of offering one or more Nuance products, from May 8, 2009 through May 12, 2015. Please note that while the calls were technically placed by Infinity on behalf of Nuance, the calls were identified as coming from Nuance with no mention of Infinity.
  • If the Court approves the Settlement, you may be eligible to receive either a flat payment of up to $170 or up to $65 per call if you provide your cell phone bills. These payments may be reduced, depending on the number of valid claims submitted. As part of the Settlement, Defendants also have agreed to take steps related to preventing telemarketing calls to cell phones, or to cell phones on the National Do-Not-Call list, without the appropriate consent of the recipients, as set forth in more detail below.
  • Please read this website carefully. Your legal rights are affected whether you act or don’t act by the deadlines described in the Notice.

SUBMIT A SHORT OR LONG CLAIM FORM The only way to receive a payment.
EXCLUDE YOURSELF You will receive no payment, but you will retain any rights you currently have to sue the Defendants about the claims in this case.
OBJECT Write to the Court explaining why you don’t like the Settlement.
ATTEND A HEARING Ask to speak in Court about the fairness of the Settlement.
DO NOTHING You won’t get a share of the Settlement benefits and will give up your rights to sue the Defendants about the claims in this case.

These rights and options–and the deadlines by which to exercise them–are explained in the Notice.

Final Fairness Hearing

A Fairness Hearing was held on Tuesday, October 13, 2015, at 2:00 p.m., before the Honorable Yvonne Gonzalez Rogers. The Court approved the settlement on October 28, 2015. After any appeals process is completed, eligible Settlement Class Members whose claims were approved will be sent a check in the mail. Please be patient.