Anne Bucher  |  September 22, 2015

Category: Closed Class Actions

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This settlement is closed!

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TCPA class action settlement

Debt purchaser Asset Acceptance LLC has agreed to settle a class action lawsuit alleging it violated the Telephone Consumer Protection Act (TCPA) by using an automatic telephone dialing system, or artificial or prerecorded voice, to contact consumers on their cell phones without their consent. If you received a call on a cell phone from or on behalf of Asset Acceptance between April 17, 2009 and Sept. 4, 2014, you may be eligible for benefits from the class action settlement.

Plaintiff Ann Fox initially filed the TCPA class action lawsuit against Asset Acceptance in April 2013, accusing the company of violating the Telephone Consumer Protection Act by contacting her cell phone without her consent, thereby invading her privacy. She alleges these unwanted phone calls caused consumers to incur cell phone charges or reduced the amount of time they were able to use their cell phones under the plans for which they had already paid.

Asset Acceptance denies any wrongdoing but agreed to settle the TCPA class action lawsuit to avoid the risk and expense of continued litigation. Under the terms of the class action settlement, Asset Acceptance will offer a total of $1 million in debt forgiveness and cash payments to Class Members who submit timely and valid claims.

UPDATE: On Mar. 31, 2016, Top Class Actions has updated this post to reflect the revised final hearing date, as well as information about the eligibility of Class Members that will receive a portion of the cash payout. According to the Asset Acceptance settlement website, more than 350,000 Class Members received postcard notices with inaccurate information. The Claims Administrator will be sending out revised settlement postcards to Class Members no later than April 6, 2016.

Who’s Eligible

Class Members of the Asset Acceptance TCPA settlement include all persons who were called using a dialer without consent on a cell phone by Asset Acceptance or someone acting on behalf of Asset Acceptance between April 17, 2009 and Sept. 4, 2014.

Potential Award

Up to $1,500. The actual amount each claimant will receive depends on whether the Class Member owes money to Asset Acceptance and the total number of valid claims that are submitted.

Of the $1 million Common Fund established by the TCPA class action settlement, $800,000 will be used for debt forgiveness and $200,000 will be paid in cash to Class Members who file timely and valid claims.

Proof of Purchase

N/A

Claim Form

NOTE: The web page for filing a claim online currently states: “The Claim Submission Deadline has Passed.” Check back after April 6, 2016, when it should update to allow online claim filing. If it does not, and you received a second postcard notice notifying you that you’re eligible to file a claim, then you should contact the Settlement Administrator before May 6, 2016, to find out how to file a claim. Top Class Actions is not a Settlement Administrator and cannot help you with filing your claim or checking your claim status. Good luck!

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

05/06/2016

Case Name

Fox v. Asset Acceptance LLC, Case No. 14-cv-00734-GW-FFM, in the U.S. District Court for the Central District of California

Final Hearing

06/30/2016

UPDATE 2: On July 1, 2016, the court granted the Asset Acceptance TCPA settlement final approval. Keep checking back and let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.FoxTCPASettlement.com

Claims Administrator

Fox v. Asset Acceptance LLC Settlement
c/o Heffler Claims Group
P.O. Box 440
Philadelphia, PA 19105-0440
844-271-4787

Class Counsel

Abbas Kazerounian
KAZEROUNI LAW GROUP APC

Joshua B. Swigart
HYDE & SWIGART

Todd M. Friedman
LAW OFFICES OF TODD M. FRIEDMAN PC

Defense Counsel

Edward D. Totino
DLA PIPER LLP (US)

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.

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115 thoughts onAsset Acceptance TCPA Class Action Settlement

  1. Martin Armendariz says:

    I need my money!

    1. Kjones says:

      I AM TELLING YOU THIS ALL SO FAKE TO ME , JUST TO GET MORE INFORMATION ABOUT YOU AND DAMAGE YOUR CREDIT…. THIS SECOND PARTY VENDOR , IS MAKING MONEY OFF OUR CLASS ACTION ….

  2. Kjones says:

    the whole process is fake to me , and I have called several time to the Heffner Admin , and no response and know great answers at all ,…… the court does need to be contacted, it does not take this long to calculate so they say???? really

  3. jgiancarlo says:

    I have not received a check. I filled out the revised card, sent it by the deadline and definitely should have qualified. However I do not have records of being contacted by Asset LLC, (I received both written threats and phone calls). I was so sick of hearing from them that I deleted everything. I suppose I could retrieve phone records from my carrier. Am I screwed? The card did not ask for these records so I assumed they could have been retrieved from Asset LLC as a part of the “discovery process.” On the other hand, if settlement occurs maybe the discovery process does not apply. Am I screwed?

    1. DeniaE says:

      Dear jgiancarlo, none of the class members have received a check thus far. I would contact the website administrator at 844-271-4787 and inquire if they have a case for you on file.

  4. DeniaE says:

    Dear Jasmine and Bad Vibes: Thank you for your kind comments. I agree with Bad Vibes that ALL claimants contact the courthouse to inform the judge about our concerns and that the information from Heffler Claims Group has been misleading. Hopefully, we will hear something soon. Should I hear anything from the courthouse, I will notify all claimants on this site.

    1. no name says:

      Thank you Denia E . This is just fraud. I don’t think they have any intention to pay us claimants and just hope we all go away. I am contacting the court and Heffler as well.

    2. Kjones says:

      hi deniaE, did you get any response from the court…. ???? this Heffner company is full of bull , and their probably will not be any payouts , and just debt forgiveness if that ,,, this is so unprofessional ,,,, kkjones

  5. Bad Vibes says:

    Thank you very much DeniaE. I am going to follow-up with court contact as well. They need to know that multiple claimants are concerned and that we have no issues submitting formal requests to the proper authorities.

  6. Jasmine says:

    DeniaE,

    I, and I’m sure other people here, appreciate you sharing this info with us. Hopefully, we will see some results soon.

  7. Bad Vibes says:

    The “representative” I spoke with, who identified herself as Latisha, was not helpful at all and in fact became very defensive and argumentative when I asked for specific information. I asked if my email from July was received because I never received an acknowledgment or a response. She couldn’t help me with that question. The call gave me the feeling that this agency is not very professional and, for whatever reason, not forthright. Something does seem off.

    1. DeniaE says:

      I just contacted the courthouse and left the following message:

      RE: Case #CV14-734-GW(FFMx)/Fox vs. Asset Acceptance Settlement

      To whom it may concern: I am writing on behalf of the above-noted settlement. I am a class member of this case. I understand that the Honorable Judge George H. Wu granted final approval on June 30, 2016, regarding this case. It’s my understanding that the settlement administrator, Heffler Claims Group, was supervising this case. Many of the class members have contacted this firm to receive information regarding the case as well as payment status. (Reference: https://topclassactions.com/lawsuit-settlements/closed-settlements/167420-asset-acceptance-tcpa-class-action-settlement/). I, myself, notified them a couple times as well inquiring about the status and was informed that payments would be mailed out anywhere from October 1-15, 2016, at the latest. I made a call recently and the representative (Latisha) said the claimants should receive refunds by the end of the month in October 2016. Now, we are hearing that payments should be received by January 2017. In the Agreement, it’s my understanding that all claimants shall be paid within 90 days after the court has granted final approval. Can you please help us out here? Refer to the website that I noted in this message in reference to the recent blogs. Thank you.

      In addition I just contacted Heffler Claims Group and was informed that, “The settlement checks have not been mailed. They don’t have a specific date and have to do some recalculations.” I informed her that I was told that they would be mailed anywhere from October 1 – 15, 2016, in a previous conversation and stated that it was my understanding that the claimants should receive payments and/or notifications within 90 days after the final approval of the hearing, which was on June 30, 2016. The representative said, “In a perfect world that would be great, but they have to do recalculations to make sure that the money is distributed accordingly.” In addition, I mentioned to her that in a blog that I read, it stated that the checks will be mailed out in January 2017. She said, that sounds about right.

      1. Kjones says:

        this so fake ,,, I don’t believe then and have called several time , they just wanted out information ….I work in Litigation and it does not take this Long , believe me and date of disbursement , Please no such thing after 90 days ,,, liars…………………. Heffner Claims Group

      2. K says:

        Will interest be calculated into the check amounts? Did you ask that question? SMH with the long drawn out process, and the lies!

    2. K says:

      Should we file a class action suit for the harassment and rude handling of calls. I mean, some may lose sleep over the rude tone of voice. LOL

  8. no name says:

    They are thieves . Now the lady says jan 2017. They are full of it.
    They aren’t paying us. Big scam . I am contacting the court on this one.

    1. DeniaE says:

      I think we should contact the judge. I will find his name and get contact information. That is so wrong!!! I’m sure the attorney’s got their fees.

  9. Liz says:

    I talked to someone yesterday finally and they said to call back in 3 weeks to check on an issue date because it was pushed again.

    1. DeniaE says:

      I don’t understand why they are not giving anyone any information. This is bizarre! I just contacted the site at: https://www.foxtcpasettlement.com/contact/ and sent a written request for an update, since we are all getting mixed information. I don’t know if they will respond as they didn’t respond to my e-mail that I sent to them back in May of 2016.

    2. Kjones says:

      this company is not going to pay anything , everything will go to the debt forgiveness …. watch what I say , it does not take this long for calculations ….. really and it past the 90 days , too respond to us the consumers.

    3. K says:

      I called same time frame and was assured the checks will be going out by end of November. I guess depending on which way the wind blows what line they give for the day.

  10. Nina says:

    I called and the story is difference each time you call. I was recently told that they pushed back the date of release, however they have no info as of why. Told me if I don’t receive by end of Oct, to call back. Not sure what use that’ll be if they never provide any helpful information.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.