-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, I/xqc763CSWil87cddftSR9ogWH2yuOX/lHI6JEf0gO7oKra4jQgRQDeNNwolI+Z iH7CgB/n9F98KMWHpMgOyQ== 0001021408-03-006425.txt : 20030423 0001021408-03-006425.hdr.sgml : 20030423 20030423121144 ACCESSION NUMBER: 0001021408-03-006425 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030421 ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20030423 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ICT GROUP INC CENTRAL INDEX KEY: 0001013149 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-BUSINESS SERVICES, NEC [7389] IRS NUMBER: 232458937 STATE OF INCORPORATION: PA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-20807 FILM NUMBER: 03659518 BUSINESS ADDRESS: STREET 1: 800 TOWN CENTER DR CITY: LANGHORNE STATE: PA ZIP: 19047 BUSINESS PHONE: 2157570200 MAIL ADDRESS: STREET 1: 800 TOWN CENTER DR CITY: LANGHORNE STATE: PA ZIP: 19047-1748 8-K 1 d8k.htm FORM 8-K Form 8-K

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 


 

FORM 8-K

 

CURRENT REPORT

 

Pursuant to Section 13 or 15(d) of

The Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported): April 23, 2003 (April 21, 2003)

 


 

ICT GROUP, INC.

(Exact name of registrant specified in Charter)

 

Pennsylvania

 

0-20807

 

23-2458937

(State or other jurisdiction

of incorporation)

 

(Commission

File Number)

 

(I.R.S. Employer

Identification No.)

 

100 Brandywine Boulevard

Newtown, PA

 

18940

(Address of principal executive offices)

 

(Zip Code)

 

Registrant’s telephone, including area code: (267) 685-5000

 

Not Applicable

(Former name and former address, if changed since last report)

 



 

Item 7. Financial Statements and Exhibits.

 

(c) Exhibits.

 

Exhibit Number


  

Exhibit Title


99

  

Press Release by the Registrant, dated April 21, 2003, furnished in accordance with Item 12 of this Current Report on Form 8-K.

 

Item 9. Regulation FD Disclosure.

 

On April 21, 2003, the Registrant issued a press release announcing the Registrant’s increase in its accrual for its pending West Virginia class action litigation which will be reflected in the Registrant’s financial results for the quarter ended March 31, 2003. The increase is a result of an order entered by the court on April 16, 2003. The Registrant is furnishing the press release as Exhibit 99 to this Current Report on Form 8-K.

 

The information set forth under this “Item 9. Regulation FD Disclosure” is furnished under “Item 12. Results of Operations and Financial Condition” in accordance with SEC Release No. 33-8216. Such information (including the exhibit) shall not be deemed to be “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall it be incorporated by reference in any filing made by the Registrant pursuant to the Securities Act of 1933, as amended, other than to the extent that such filing incorporates by reference any or all of such information by express reference thereto.

 


 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Date:  

 

April 23, 2003


       
       

By:

 

/s/ JOHN J. BRENNAN        


           

Name:

 

John J. Brennan

           

Title:

 

President and Chief Executive Officer

 

EX-99 3 dex99.htm PRESS RELEASE Press Release

 

Exhibit 99

 

NEWS RELEASE

For immediate release

 

ICT GROUP FINANCIAL MEDIA CONTACT:

 

ICT GROUP INVESTOR CONTACT:

BERNS COMMUNICATIONS GROUP, LLC

 

BROD GROUP

Stacy Berns/Michael McMullan

 

Betsy Brod/Jonathan Schaffer

212-994-4660

 

212-750-5800

 

ICT GROUP, INC. ANNOUNCES ENTRY OF COURT ORDERS

IN PENDING CLASS ACTION LITIGATION

 

NEWTOWN, PA, APRIL 21, 2003 – ICT GROUP, INC. (NASDAQ: ICTG), today announced the entry of two court orders in the class action lawsuit pending against the Company in the Circuit Court of Berkeley County, West Virginia.

 

On April 16, 2003, the trial court entered an order granting the plaintiffs’ motion for summary judgment on the calculation of liquidated damages under the West Virginia Wage Payment and Collection Act. The court ruled that, under the Act, every class member who was not paid transition time, short breaks or other wages is owed liquidated damages equal to a day’s wages for every day the amounts due remained unpaid up to the thirty days. The Company intends to continue its vigorous defense of this action and, at the appropriate time, seek an appeal of this order.

 

The Company intends to increase its accrual for this lawsuit by the amount of $11,500,000, to a total accrual of $12,850,000, which will be reflected in the Company’s first quarter financial results. As of December 31, 2002, the Company had accrued $1,350,000 for this matter. The total increase in the accrual is primarily for the Company’s estimate of additional liquidated damages and interest. The plaintiffs contend, however, among other things, that the average daily wage and the number of affected employees should be greater than the calculations used by the Company. In addition to the increase in the accrual, the Company incurred approximately $200,000 in litigation defense costs in the first quarter of 2003, net of responsive insurance coverage.

 

As a result of taking these additional charges in the first quarter of 2003, the Company may no longer be in compliance with certain financial covenants required to be met under the Company’s existing credit facility. The Company will seek a waiver or amendment to the credit agreement to remain in compliance with its financial covenants.

 

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ICT GROUP, INC. ANNOUNCES ENTRY OF COURT ORDERS IN PENDING CLASS ACTION LITIGATION (CONT.)

 

On March 28, 2003, the trial court also entered an order denying the motion filed by the plaintiffs seeking to have the court require the Company to post a bond. In denying plaintiffs motion, the court stated that it had found no statutory or case law supporting the plaintiffs’ position.

 

About ICT GROUP, INC.:

 

ICT GROUP, headquartered in Newtown, Pa., is a leading global provider of integrated customer relationship management (CRM) solutions. The Company helps clients identify, acquire, retain, service, measure and maximize the lifetime value of their customer relationships. The Company manages CRM service operations in the U.S., Europe, Canada, Australia, Mexico and the Caribbean from which it supports domestic and multinational corporations and institutions, primarily in the financial, insurance, telecommunications, healthcare, information technology, media and energy services industries. The Company offers a full suite of hosted CRM solutions, for use by clients at their own in-house facility or on a co-sourced basis in conjunction with the Company’s fully compatible Web-enabled customer service operations. To learn more about the Company, visit the Company’s website at www.ictgroup.com.

 

IMPORTANT CAUTIONARY INFORMATION REGARDING FORWARD- LOOKING STATEMENTS:

 

This press release contains certain forward-looking statements including the amount of liquidated damages and interest on those damages to which the Company may be subject. These forward-looking statements involve assumptions such as those relating to the methodology used to calculate liquidated damages and interest and are subject to risks and uncertainties. The ultimate determination of such amounts may differ from the Company’s calculations based upon a number of factors including without limitation the number of employees who are found by the court to be owed wages, the actual amount of daily wages of each of those employees, the number of instances for which the court determines that an individual employee is entitled to liquidated damages, and the method of calculating interest. These factors could cause actual amounts, and therefore our results, to differ materially from the Company’s expectations, or could materially and adversely affect the Company’s financial conditions and results of operations.

 

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