Total Merchant Telemarketing Class Action Settlement

A group of consumers were able to get a $7.5 million class action settlement award from Total Merchant Services and another company, Quality Merchant Services, over unwanted telemarketing calls.

If you received a phone call from Quality Merchant on behalf of Total Merchant between July 5, 2013 and June 8, 2018, you could get an estimated $225 per call from this class action settlement.

Total Merchant Services and Quality Merchant Services provide sales payment and processing services to businesses.

Lead plaintiffs accused the companies of using an automatic dialing system to leave prerecorded, unauthorized advertising messages with consumers in violation of the Telephone Consumer Protection Act.

Unauthorized telemarketing calls, along with the use of automatic dialing systems and prerecorded messages, known as robocalls, are prohibited under the TCPA. The TCPA was enacted as federal law in 1991 in an effort to protect consumers from unwanted advertising.

According to the class action lawsuit, Quality Merchant Services made unwanted telemarketing calls to the plaintiffs and Class Members on behalf of Total Merchant Services.

The plaintiff claimed that Total Merchant knew the phone calls violated federal law, but allowed Quality to continue making them in violation of the TCPA.

Under the terms of the settlement, Class Members are expected to receive $225 per phone call.

“Plaintiff’s counsel estimate that each participating class member will receive at least $225, with class members who received four calls—the average number received by a class member— expected to receive $900. This recovery is well above the average in TCPA class actions,” the preliminary approval order for the Total Merchant class action settlement states.

Claimants must provide either a unique claim ID number and the Class Member’s ZIP code or the phone number affected by the alleged telemarketing calls.

Class Members can find their claim ID number on the notice of the class action settlement sent to them in the mail or they can look up their phone number to see if they are a part of the settlement Class.

Class Members who want to object to the settlement or wish to be excluded from its terms, must do so by Feb. 4, 2019.

Who’s Eligible

Class Members include those who received an unauthorized call from Quality Merchant Services between July 5, 2013 and June 8, 2018. You can check to see if your mobile phone number was affected here.

Potential Award

$225 per phone call (estimate)

Proof of Purchase

Unique claim ID and ZIP code or affected phone number.

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

02/04/2019

Case Name

Naiman v. Total Merchant Services Inc., Case No. 4:17-cv-03806, in the U.S. District Court for the Northern District of California

Final Hearing

04/02/2019

UPDATE: The Total Merchant Telemarketing Class Action Settlement was granted final approval on April 16, 2019. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.TotalTCPASettlement.com

Claims Administrator

Total Merchant Settlement Administrator
c/o Epiq
P.O. Box 3770
Portland, OR 97208-3770
1-877-327-1109 (Toll-Free)

Class Counsel

Jon B. Fougner
FOUGNER LAW

Anthony I. Paronich
Edward A. Broderick
BRODERICK & PARONICH PC

Matthew P. McCue
THE LAW OFFICE OF MATTHEW P. MCCUE

Andrew W. Heidarpour
HEIDARPOUR LAW FIRM PPC

Defense Counsel

Beth-Ann E. Krimsky
Lawren A. Zann
GREENSPOON MARDER 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.

GET A FREE CASE EVALUATION NOW