Cavalry Portfolio Services TCPA Class Action Settlement

UPDATE 2: As of Jan. 19, 2021, Top Class Actions readers reported receiving checks in the mail for $60.95 related to this settlement.

UPDATE: The Cavalry Portfolio Services TCPA Class Action Settlement was granted final approval on October 13, 2020. Let Top Class Actions know when you receive a check in the comments section below or over on our Facebook page.

Debt collector Cavalry Portfolio Services has reached a settlement to end claims that the company violated the Telephone Consumer Protection Act by calling consumers without their consent. To end the TCPA claims, Cavalry has agreed to create Cash Fund of up to $6,150,00 in value and a Debt Relief Fund of up to $18,000,000 in value to compensate Class Members.

Class Members include all of those individuals who had an outstanding balance with Cavalry as of Jan. 2, 2020, still have an open account with Cavalry Portfolio Services, and who Cavalry called on a cell phone number in the interest of debt collection using the Aspect Ensemble Pro system or the Avaya Proactive Contact 5.0 system between Feb. 8, 2009 and Jan. 16, 2016. Those consumers who did not have an outstanding balance with Cavalry as of Jan. 2, 2020 or who have a closed account with Cavalry, but did receive an eligible call are eligible for some but not all of the settlement benefits.

Consumers filed their Cavalry Portfolio Services TCPA class action lawsuit saying that their rights were violated by the company. They explain that the Telephone Consumer Protection Act restricts what kind of solicitations can be made via phone by companies. The law prohibits businesses from placing calls to consumers’ cell phones without their consent – a regulation that Cavalry Portfolio Services allegedly violated.

The Cavalry Portfolio Services  TCPA class action lawsuit asserts that the company was well aware of the law’s restrictions, but chose to violate it nonetheless in the interest of attempting to collect on debts. According to the TCPA class action lawsuit, Cavalry attempted to collect on 1,035,232 accounts in the class period.

The customers note that the TCPA allows those who believe that they received an unlawful call, text, for fax to seek up to $500 for every negligent or unknowing violation of the TCPA, and up to $1,500 for every willful violation of the TCPA.

Cavalry Portfolio Services denies the consumers’ allegations, but has agreed to settle the Cavalry Portfolio debt collection calls in the interests of avoiding the continued costs and risks of litigation.

The settlement offers two compensation options for eligible Class Members. Class Members can choose between receiving their compensation in the form of debt relief or a cash benefit, but they cannot receive both. 

Class Members who choose the debt relief option will receive a share of the Debt Relief Settlement up to $599. The amount each Class Member receives will be distributed on a proportional, or pro rata basis, and will depend on how many Class Members file valid benefits claims.

Class Members who choose benefits from the Cash Fund will also receive a proportional amount of the Cash Fund. The amount of compensation that each Class Member can receive depends on the number of valid claims filed. The settlement website does not stipulate a maximum amount that a Class Member can receive from the Cash Fund.

The settlement website explain that those consumers who did not have an outstanding balance with Cavalry Portfolio as of Jan. 2, 2020 or you have a closed account with Cavalry Portfolio Services, but did receive an eligible call are eligible for a pro rata share of the Cash Fund, but not eligible for debt relief.

To receive benefits, Class Members must fill out and submit a valid claim form by July 29, 2020. Claim forms can be submitted online or they can be printed out and mailed.

Class Members who wish to exclude themselves from the class can ask to be excluded from the Cavalry settlement class by mailing in their exclusion request to the settlement administrator by July 29, 2020.

Class Members are invited but not required to attend a fairness hearing scheduled for Sept. 28, 2020.

Who’s Eligible

Class Members include all of those individuals who had an outstanding balance with Calvary as of Jan. 2, 2020, still have an open account with Calvary Portfolio Services, and who Cavalry called on a cell phone number in the interest of debt collection using the Aspect Ensemble Pro system or the Avaya Proactive Contact 5.0 system between Feb. 8, 2009 and Jan. 16, 2016. Those consumers who did not have an outstanding balance with Calvary as of Jan. 2, 2020 or who have a closed account with Cavalry, but did receive an eligible call are eligible for some but not all of the settlement benefits.

Potential Award

The settlement offers two compensation options for eligible Class Members. Class Members can choose between receiving their compensation in the form of debt relief or a cash benefit, but they cannot receive both. 

Class Members who choose the debt relief option will receive a share of the Debt Relief Settlement up to $599. The amount each Class Member receives will be distributed on a proportional, or pro rata basis, and will depend on how many Class Members file valid benefits claims.

Class Members who choose benefits from the Cash Fund will also receive a proportional amount of the Cash Fund. The amount of compensation that each Class Member can receive depends on the number of valid claims filed. The settlement website does not stipulate a maximum amount that a Class Member can receive from the Cash Fund.

The settlement website explains that those consumers who did not have an outstanding balance with Calvary Portfolio as of Jan. 2, 2020 or you have a closed account with Cavalry Portfolio Services, but did receive an eligible call are eligible for a pro rata share of the Cash Fund, but not eligible for debt relief.

Proof of Purchase

N/A

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

7/29/2020

Case Name

Cory Horton v. Cavalry Portfolio Services LLC, Case No. 3:13-cv-00307-JAH-WVG, in the U.S. District Court for the Southern District of California

Final Hearing

9/28/2020

Settlement Website

www.CPSTCPASettlement.com

Claims Administrator

CPS TCPA Settlement
c/o JND Legal Administration
PO Box 91237
Seattle, WA 98111
1-833-900-1645
info@CPSTCPASettlement.com

Class Counsel

Beth E. Terrell
Adrienne D. McEntee
TERRELL MARSHALL LAW GROUP PLLC

Sergei Lemberg
STEPHEN TAYLOR LEMBERG LAW LLC

Defense Counsel

Tomio B. Narita
SIMMONDS & NARITA 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

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