Clark County Collection Service TCPA Class Action Lawsuit Settlement

Clark County Collection Service (CCCS) has agreed to pay $8 million to settle a class action lawsuit alleging the company violated the Telephone Consumer Protection Act (TCPA) by contacting consumers on their cell phones in connection with a customer of a payday lender who listed them as a “reference” on a credit application.

Lead plaintiff Ronald Grider filed the TCPA class action lawsuit in September 2013 over allegations that CCCS and other entities violated the TCPA by calling individuals on their cellphones using an automatic telephone dialing system without their prior express consent and also violated the Nevada Deceptive Trade Practices Act for knowingly making a false representation in a transaction.

According to the CCCS TCPA class action lawsuit, these phone calls made in an attempt to collect on borrowers in default on their payday loan were conducted under false pretenses, ultimately using the listed “references” primarily in collection efforts.

Grider was one such reference who says he received numerous calls on his cellphone from May 2013 through June 2013 by someone calling on behalf of a payday lender seeking to collect on a friend’s purported debt.

The TCPA, enacted in 1991, generally prohibits calls to wireless numbers made with an automatic telephone dialing system or using artificial or prerecorded voice messages unless the caller had the prior express consent of the called party.

Under the terms of the CCCS TCPA class action lawsuit settlement, which must be approved by the Court, Clark County Collection Service will pay $8 million to resolve claims that it violated the TCPA.

Claims will be paid on a pro rata basis, divided equally among persons with approved claims, and that amount will be dependent on the number of settlement Class Members, the settlement fund minus the settlement costs, and the number of approved claims. However, in no event shall any Class Member be paid more than $1,500.

The Court must approve the settlement costs which include settlement administration fees; a payment of $10,000 as an incentive award to the Class Representative; attorneys’ fees, costs, and expenses incurred during litigation (not to exceed 33 percent of the settlement fund); and any unreimbursed costs of administration.

CCCS denies violating the TCPA, but nevertheless agreed to settle this litigation.

Class Members who wish to object to the terms of the settlement must do so by Feb. 13, 2017. Those who wish to be excluded from the settlement must do so by Dec. 20, 2016.

Who’s Eligible

The Clark County Collection Service TCPA class action lawsuit settlement includes a Class of all natural persons, within the United States, who were called by CCCS, on their cellular telephone—excluding calls that were initiated by manually dialing via a desktop telephone— between Sept. 20, 2009 and Sept. 20, 2013 as a result of having their telephone number listed by a customer of DLC Nevada as a “reference” on a credit application.

Note:  Settlement Class Members do not include recipients of a single telephone call received as a result of a reassigned telephone number, as defined by the Federal Communications Commission in its TCPA Omnibus Declaratory Ruling and Order No. 15-72 (July 18, 2015).

Potential Award

Up to $1,500.

The $8 million settlement pool will be divided pro rata among all qualified Class Members after payment of attorneys’ fees, settlement administration expenses, and incentive fee awards. However, in no event shall any Class Member be paid more than $1,500.

Proof of Purchase

Eligible Class Members will be required to provide the Claim ID number printed on their postcard notice mailed Aug. 12, 2016, confirmation you were the subscriber or the regular user of the cell phone number that was called, and if known, the name of the customer for whom you were listed as a “reference.”

If you did not received a Settlement Postcard Notice and believe you are an eligible Class Member, please contact the Settlement Administrator at  1-844-744-8424.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

12/12/2016

Case Name

Ronald Grider v. Clark County Collection Service LLC, et al., Case No. 2:13-cv- 01731-KJD- CWH, in the U.S. District Court for the District of Nevada

Final Hearing

02/21/2017

Settlement Website

www.CCSClassActionSettlement.com

Claims Administrator

Grider v. Clark County Service Settlement
c/o ILYM Group
PO Box 130
Tustin, CA 92781
844-744-8424

Email: Claims@ILYMGroupClassAction.com

Class Counsel

Dennis L. Kennedy
BAILEY KENNEDY

HAINES & KRIEGER

Defense Counsel

Patrick J. Reilly
HOLLAND & HART LLP

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), 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.