AmSher Collection Services TCPA Class Action Settlement

A $970,000 settlement has been reached in a putative class action lawsuit against AmSher Collection Services that alleges the debt collector violated the Telephone Consumer Protection Act by placing calls to consumers’ cell phones using an autodialer.

Plaintiff Jordan Schwyhart brought the TCPA class action lawsuit against AmSher Collection Services stating that as part of the debt collector’s business practices, the company places calls via an automated telephone dialing system featuring a prerecorded or artificial voice, in an effort to collect on an alleged debt.

The class action lawsuit claims that many of these automated debt collection calls were placed to the cell phones of consumers who did not give their express consent to receive such calls as mandated by the TCPA.

Additionally, Schwyhart alleges that despite requesting the calls cease, AmSher continued placing unauthorized telephone calls to his and other consumers’ cellular telephones using automated dialer technology.

The TCPA is a federal statute which prohibits telemarketers and debt collectors from making calls to cell phones using any form of an artificial or pre-recorded voice or an automated telephone dialing system without a consumer’s prior express consent.

The law is implemented by regulations from the Federal Communications Commission (FCC). The TCPA allows victims of illegal calls to collect damages of a minimum of $500 per illegal call, text or fax.

Under the terms of the $970,000 TCPA settlement, AmSher has agreed to pay up to $225 per valid claim as well as a court-approved incentive award to the class representative. The settlement also provides that a portion of the settlement fund goes towards claims administration costs and attorneys’ fees.

AmSher has not admitted liability for TCPA violations and enters into this settlement solely to avoid the expense and inconvenience of litigation.

Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Jan. 17, 2017.

Who’s Eligible

The AmSher TCPA settlement includes two classes: (1) Injunctive Settlement Class and (2) Damages Subclass.

Injunctive Settlement Class includes “all individuals who, between July 13, 2011 and October 19, 2016, were called by AmSher on their cellular telephones, or any other service for which the individual was charged, with equipment alleged to be an automatic telephone dialing system, or allegedly with an artificial or pre-recorded, where it is alleged there was no prior express consent to make the call.”

Damages Subclass includes “individuals identified on the Damages Class List who, between May 1, 2015 and July 31, 2015, received a telephone call from AmSher to a cellular telephone, or any other service for which the called party was charged, made with equipment alleged to be an automatic telephone dialing system, or allegedly with an artificial or pre-recorded voice, where it is alleged there was no prior express consent to make the call.”

Damages Subclass members will likely receive a postcard summary of this notice in the mail, if you have not received one already. It is estimated that there are approximately 116,000 persons in the Damages Subclass.

Potential Award

up to $225.

Settlement Class Members who are in the Damages Subclass and submit a valid Claim Form will receive cash compensation not to exceed $225 each.

The exact amount of the settlement cash award will be based upon a pro rata distribution based on valid claims received, meaning that the lower the number of valid claims submitted, the higher the amount of individual payments will be—up to $225 per claim.

However, as the number of valid claims submitted goes up, the amount of individual payments may go down. It is estimated that each claimant will receive between $40 and $110.

In the event there is unclaimed money in the settlement fund after the payment of all approved claims, expenses, fees, and the incentive award, it will be distributed to the Legal Aid Society of Birmingham as a cy pres award. No settlement funds will revert back to AmSher.

In addition to the monetary payout, settlement Class Members will also receive injunctive relief that requires AmSher to:

• Record all consent it receives to call cell phones
• Identify and record which numbers it plans to call are assigned to cell phones
• Stop calling cell phones using its dialers without consent
• Manually dial cell phone numbers until consent is obtained and recorded

Injunctive Settlement Class Members also retain their right to sue AmSher on the issues the settlement concerns on an individual basis, and, except in limited circumstances, AmSher will not raise a defense about the dialer that it used.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

2/3/2017

Case Name

Jordan Schwyhart v. AmSher Collection Service Inc., Case No. 2:15-cv-01175-JEO, in the U.S. District Court for the Northern District of Alabama

Final Hearing

3/15/2017

UPDATE: The AmSher Collection Services TCPA settlement received final approval on March 16, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Settlement Website

www.SchwyhartTCPASettlement.com

Claims Administrator

Schwyhart TCPA Settlement
c/o Kurtzman Carson Consultants (KCC)
PO Box 43433
Providence, RI 02940-3433
1-855-306-1919

Class Counsel

Gina DeRosier Greenwald
Aaron D. Radbil
Michael L. Greenwald
GREENWALD DAVIDSON RADBIL PLLC

Defense Counsel

Laura C. Nettles
E Britton Monroe
LLOYD GRAY WHITEHEAD & MONROE PC

David Israel
James K. Schultz
Dayle M. Van Hoose
SESSIONS FISHMAN NATHAN & ISRAEL LLC