Capital One TCPA Class Settlement

Capital One TCPA Class Settlement in the United States

A class action is a lawsuit in which the claims and rights of many people are decided in a single court proceeding. Representative plaintiffs, also known as “class representatives,” assert claims on behalf of the entire class. The Representative Plaintiffs who filed this case against Defendants allege that Capital One violated the TCPA by using an automatic telephone dialing system and/or an artificial prerecorded voice to call cell phones without the prior express consent of the recipients. Defendants deny that they did anything wrong, or that this case is appropriate for treatment as a class action. The Court did not decide in favor of the Plaintiffs or Defendants. Both sides agreed to a settlement instead of going to trial. That way, they avoid the cost of a trial, and the people affected will get compensation. The Representative Plaintiffs and their attorneys think the Settlement is best for all Settlement Class Members.

Defendants have agreed to pay a total settlement amount of $75,455,098.74 which will be used to create a Settlement Fund to pay Settlement Awards to Settlement Class Members, Plaintiffs attorney fees, service awards to the Representative Plaintiffs, costs, expenses, and settlement administration. Any residual amount remaining after all the payments included in the Settlement are made that would be economically unfeasible to distribute will be donated to a non-profit(s) to be determined. Additionally, Capital One will enhance its business practices. As a benefit to all Settlement Class Members, Capital One developed significant enhancements to its servicing systems to ensure that a customer has provided consent before being called on a cell phone.

The following people is excluded from the Settlement: Defendants, their parent companies, affiliates or subsidiaries, or any employees thereof, and any entities in which any of such companies has a controlling interest.

Each Settlement Class Member who submits a valid and timely Claim Form will receive a Settlement Award. Approved Claims will result in a Cash Award, which is a cash payment. It is estimated that Settlement Class Members’ Cash Award will be between $20 and $40 per Settlement Class Member, but the final Cash Award amount will depend on the total number of valid and timely claims filed by all Settlement Class Members. Settlement Class Members are entitled to make only one claim.

Capital One TCPA Class Settlement Claims

Victims who received a non-emergency telephone call on their cellular telephone from Capital One from January 18, 2008 through June 30, 2014, or from Capital Management Systems, LP, Leading Edge Recovery Solutions, LLC, or AllianceOne Receivables Management, Inc., on behalf of Capital One, from February 28, 2009 through June 30, 2014, through the use of an automatic telephone dialing system or an artificial or prerecorded voice in connection with an attempt to collect on a credit card debt, will receive a payment from this class action settlement if they submitted a valid claim form by November 26, 2014.

The Settlement provides $75,455,098.74 to pay any and all claims from those who received any of the above-described automatic calls, as well as to pay Plaintiff’s attorneys fees, class notice, and administrative costs of the settlement; it avoids the further cost and risk associated with continuing the lawsuits; pays money to recipients of the automatic calls; and releases Capital One, Capital Management Systems, Leading Edge Recovery Solutions, and AllianceOne Receivables Management from further liability.

The deadline to file claims with this Settlement Program was November 26, 2014. The program is no longer accepting claims. The Claims Administrator mailed settlement payments by August 7, 2015 to all class members who submitted timely, valid claims.

Until December 31, 2015, the victims can ask the Claims Administrator to reissue their settlement check in a different name or to a new address if, as of the date of your request, they:
(1) Have been unable to cash or deposit your check because your name has changed since you filed your claim or the check you received was damaged in transit;
(2) Are acting on behalf of a deceased or incapacitated Settlement Class Member; or
(3) Have not yet received your settlement check.


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