An Illinois federal judge preliminarily approved a $4.45 million agreement on Sept. 24 between TruGreen, Inc. and a class of plaintiffs who alleged the company violated the Telephone Consumer Protection Act by making unsolicited calls to cell phones about its lawn services.

The proposed agreement, reached after two days of in-person mediation with retired Judge Wayne Andersen, will end the allegations that TruGreen violated the TCPA. TruGreen agreed to pay all people in the U.S. who received a prerecorded call on their cellphones on or after May 29, 2009, according to the unopposed motion for certification of the class action settlement filed by plaintiff Faustino Chapa.

Chapa brought the complaint in May 2013 after he received an unsolicited call on his cell phone from TruGreen. He had never been a TruGreen customer and had not given his cellphone number to TruGreen, according to the suit. Chapa alleged that TruGreen had used an automatic dialing system to call more than 200,000 unique cell phone numbers.

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