Portfolio Recovery Associates TCPA Class Action Settlement

Debt collection company Portfolio Recovery Associates has agreed to settle a multidistrict litigation accusing the company of making autodialed calls to consumer cell phones for the purpose of debt collection without consent over a seven-year period, from December 2006 to July 2013.

Multiple class action lawsuits were filed against the company alleging violations of the TCPA, and the cases were consolidated in California federal court in 2011.

The six named plaintiffs say that PRA called them and other Class Members on their cell phones without prior consent in violation of the Telephone Consumer Protection Act (TCPA), using an automatic telephone dialing system (autodialer).

One of the lead plaintiffs alleges that PRA made more than 20 calls at a rate of approximately twice a day in a two-month period between Oct. 2010 and Dec. 19, 2010 despite not having provided his cell number to PRA and without his authorization. Similar allegations were made by five other plaintiffs.

While Portfolio Recovery admits that it attempted to collect on outstanding balances allegedly owed by the plaintiffs via mail and telephone, the company denies allegations it violated the TCPA but agreed to the settlement in order to avoid further cost of litigation.

Pursuant to the terms set forth in the preliminary approval of the agreement, the Class will consist of approximately 7.4 million U.S. residents.

Class Members will be entitled to both monetary and injunctive relief.

The injunctive relief already in place “will be continued and expanded” to prohibit Portfolio Recovery “from using its Avaya Proactive Contact Dialer to place calls to any person’s cellular telephone numbers without prior express consent.”

As for monetary relief, Portfolio Recovery agreed to pay a total of $18 million. After the fund is used to pay attorneys’ fees of up to $5.4 million, notice and administration costs not to exceed $3.325 million, and incentive awards for six named plaintiffs of $6,250 each, the remainder will be split on a pro rata basis among Class Members.

Any remaining funds will be paid to the National Association of Consumer Advocates as cy pres relief.

Who’s Eligible

Under the terms of the Portfolio Recovery TCPA MDL settlement, Class Members include all natural persons residing in the United States who received one or more telephone calls from an autodialer or a predictive dialer operated by PRC to such person’s cell phone number between Dec. 23, 2006 and July 1, 2013, inclusive, and who are listed in the csv data file titled pra_outbound_dial_list_20140304.zip produced to plaintiffs’ counsel.

Potential Award

Varies.

Portfolio Recovery has established an $18 million Settlement Fund. After deducting costs of the Settlement Notice and Administration not to exceed $3.325 million, attorneys’ fees of up to $5.4 million, and incentive awards for six named plaintiffs of $6,250 each, the remainder will be split on a pro rata basis among eligible Class Members who submit valid claims.

Any remaining funds will be paid to the National Association of Consumer Advocates as cy pres relief.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

10/26/2016

Case Name

In re Portfolio Recovery Associates, LLC Telephone Consumer Protection Act Litigation, Case No. 11-MD-2295-JAH-BGS, in the U.S. District Court for the Southern District of California

Final Hearing

12/05/2016

UPDATE: On January 25, 2017, the court granted the Portfolio Recovery Associates TCPA settlement final approval.  There is now a 30 day period in which appeals can be filed.  If no appeals are filed, then claims will be paid by March 27, 2017.  Please keep checking Top Class Actions for updates and let us know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: March 26, 2017, the settlement website has been updated with a new check disbursement date of April 30, 2017.

UPDATE 3: May 4, 2017, the settlement website has been updated with a new check disbursement date of on or around May 31, 2017.

UPDATE 4: On June 5, 2017, Top Class Actions viewers who filed a claim for the Portfolio Recovery Associates TCPA class action settlement started receiving checks in the mail. 

Settlement Website

www.PRATCPASettlement.com

Claims Administrator

In re Portfolio Recovery MDL TCPA Settlement
Settlement Administrator
PO Box 43421
Providence, RI 02940-3421
888-301-8552

Class Counsel

James O. Latturner
EDELMAN COMBS LATTURNER & GOODWIN LLC

Ethan Preston
PRESTON LAW OFFICES

Defense Counsel

Christopher W. Madel
ROBINS KAPLAN LLP

Join a Free TCPA Class Action Lawsuit Investigation

If you received a phone call from a company on your cell phone without your prior consent, you may be eligible for compensation under the Telephone Consumer Protection Act. Find out more at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.