Pivotal Payments Telemarketing Calls Class Action Settlement

A $9 million settlement has been proposed in a class action lawsuit challenging telephone calls that were made on behalf of Pivotal Payments Inc. d/b/a Capital Processing Network and CPN to promote credit card processing services or other products.

The plaintiffs assert these calls were made using an automatic dialing system or an artificial or prerecorded voice in violation of the Telephone Consumer Protection Act (TCPA).

If you received telemarketing calls promoting Pivotal Payments products or services, you may be entitled to payment from the TCPA class action settlement.

The Telephone Consumer Protection Act prohibits the use of automatic telephone dialing systems or the use of prerecorded or artificial voices to make non-emergency phone calls to consumers without their consent. The TCPA provides statutory damages of $500 per violation or up to $1,500 per violation if it is proven they were placed willfully.

Plaintiff Abante Rooter and Plumbing Inc., a plumbing company that does business in the San Francisco Bay Area, filed the TCPA class action lawsuit in September 2016 after receiving telemarketing calls on the company’s cell phones from or on behalf of Pivotal Payments.

Abante claims that it, along with other members of the Class, “have been harmed by the acts of Pivotal Payments because their privacy has been violated, they were subjected to annoying and harassing calls that constitute a nuisance, and they were charged for incoming calls.”

“The calls also occupied Plaintiff’s and all members of the Class’ cellular telephone lines from legitimate communication,” the TCPA class action lawsuit says.

Pivotal Payments denies any wrongdoing but agreed to settle the TCPA class action lawsuit to avoid the cost and uncertainty of ongoing litigation. The Pivotal Payments settlement was preliminarily approved on March 23, 2018.

Class Members who would like to opt out of or object to the Pivotal Payments TCPA settlement must do so no later than June 29, 2018.

Who’s Eligible

Class Members include anyone who, from April 15, 2016 through Sept. 2, 2016, received on their cell phone at least one non-emergency telephone call on behalf of Pivotal promoting credit card processing services, or other goods or services through the use of an automatic telephone dialing system or an artificial or prerecorded voice.

To find out if your phone number was called during the class period, click here. 

Potential Award

$20 – $60 per claim (estimated)

Proof of Purchase

Claimants must provide their Class Member ID that was provided in the mailed notice of the TCPA settlement or the cell phone number(s) at which they received calls from or on behalf of Pivotal Payments.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

6/29/2018

Case Name

Abante Rooter and Plumbing Inc., et al. v. Pivotal Payments Inc. d/b/a Capital Processing Network and CPN, Case No. 3:16-cv-05486-JCS, in the U.S. District Court for the Northern District of California

Final Hearing

10/5/2018

UPDATE: The Pivotal Payments TCPA Class Action Settlement was granted final approval on October 15, 2018. However, an appeal has been filed.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 2: On November 30, 2018, the appeals to the Pivotal Payments TCPA Class Action Settlement were dismissed. According to the settlement website, claims will be disbursed on approximately 1/18/19. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 3: On Jan. 23, 2019, Top Class Actions viewers started receiving checks in the mail worth more than $400 from the Pivotal Payments TCPA class action settlement. Congratulations to everyone who filed a valid claim and got PAID!

Settlement Website

https://PivotalTCPA.com

Claims Administrator

Pivotal Payments Settlement
Epiq, Claims Administrator
P.O. Box 3207
Portland, OR 97208-3207
1-888-396-9692

Class Counsel

TERRELL MARSHALL LAW GROUP PLLC

BRODERICK & PARONICH PC

THE LAW OFFICE OF MATTHEW P. MCCUE

GIBBS LAW GROUP LLP

Defense Counsel

THEODORA ORINGHER PC

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.

GET A FREE CASE EVALUATION NOW