Tamara Burns  |  August 4, 2016

Category: Closed Class Actions

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This settlement is closed!

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A settlement in the amount of $5.5 million has been reached with Convergent Outsourcing to resolve allegations in class action lawsuits that the company violated the Telephone Consumer Protection Act (TCPA).

Several class action lawsuits were combined into a multidistrict litigation (MDL) due to the similar allegations brought forth by the plaintiffs in the different actions. This settlement resolves all allegations in the combined MDL action.

Plaintiffs in the class action lawsuit multidistrict litigation alleged that Convergent placed illegal calls to their cell phone numbers, and these calls were not permitted under the provisions of the TCPA. Approximately 503,644 cellular phone numbers were allegedly called by Convergent.

According to claims, Convergent used an automatic telephone dialing system and/or an artificial or prerecorded voice to place calls to cell phones without the prior express consent of the call recipients.

The Telephone Consumer Protection Act was passed in 1991 in order to restrict solicitations by phone, text, or fax and limits the use of automatic dialing systems that use artificial or prerecorded voice messages.

The TCPA places a number of prohibitions on communications involving solicitation and requires companies to comply with a number of provisions. If a company violates the TCPA, an individual may sue for up to $500 or actual loss per violation, and for willful violations may sue for up to $1,500 per occurrence.

Convergent continues to deny any allegations and has admitted to no wrongdoing. The court has not ruled in the favor of the plaintiffs or Convergent. Both parties have agreed to the settlement as a result of mediation.

The settlement funds will be used to pay cash awards to eligible settlement Class Members as well as pay for attorneys’ fees, awards to Class Representatives and costs of the notice and settlement administration.

If there are leftover funds following these payments, a second distribution may occur. If the second distribution is not feasible, the funds will be released to an approved charity.

Each eligible Class Member who submits a timely Claim Form is estimated to receive between $125 and $150 from this settlement.

Class Members who choose to opt out of the settlement or object to the settlement must do so before Sept. 26, 2016.

 

Who’s Eligible

You are included in the settlement Class if you were called on a cellular phone by Convergent who:

  • Had been reported to Convergent as a wrong number
  • Previously requested Convergent not to call such telephone number
  • Called after providing to Convergent notice of bankruptcy
  • Called after entry by Convergent of an internal attorney handling code
  • Had been called on a cell number obtained via third-party skip tracing, on or after Oct. 26, 2008 through May 10, 2016.
Potential Award

$125 – $150 (estimated)

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

09/26/2016

Case Name

In Re: Convergent Telephone Consumer Protection Act Litigation, Case No. 3:13-md-2478-AWT, MDL No. 2478, in the U.S. District Court for the District of Connecticut

Final Hearing

11/10/2016

UPDATE: On November 10, 2016, the court granted the Convergent TCPA settlement final approval.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: On Feb. 2, 2017, Top Class Actions viewers who submitted timely and valid claims for the Convergent class action settlement began receiving checks worth as much as $133! 

Settlement Website

www.ConvergentTCPASettlement.com

Claims Administrator

In re Convergent TCPA Litigation
c/o Claims Administrator
P.O. Box 4087
Portland, OR 97208-4087
1-844-804-4360

email: TCPASettlement@Keoghlaw.com

Class Counsel

Keith Keogh, Esq.
KEOGH LAW, LTD

Defense Counsel

Thomas C. Blatchley
Craig J. Mariam
GORDON & REES LLP

Join a Free TCPA Class Action Lawsuit Investigation

If you received a phone call from a company on your cell phone without your prior consent, 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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47 thoughts onConvergent TCPA Class Action Settlement

  1. Bridgette Alexander says:

    Can you all let every one know the pacific dates that checks are being mailed out.

    1. Dh says:

      i recevied an email checks will be disbursed on jan30. allow two weeks to be mailed out

      1. Mzunderstood says:

        So let me understand correctly will the checks be mailed out on January 30, 2017 ?

  2. Bridgette Alexander says:

    Can we all have the pacific dates that the checks be mailed out .

  3. Ania says:

    Any idea when the checks are being mailed?

    1. Patricia says:

      The above from TCA states the end of January.

  4. Randi says:

    TCA, do you know if any appeals were filed or not?

  5. Top Class Actions says:

    UPDATE: On November 10, 2016, the court granted the Convergent TCPA settlement final approval.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

  6. Sara says:

    There doesn’t seem to be any update on their website, any idea when the claim checks will be mailed?

  7. Tamiko Conway says:

    What happened on Nov.10, 2016 in court ?

    1. Top Class Actions says:

      The court granted the settlement final approval on November 10, 2016. There is a 30 day period in which appeals can be filed. As of today, there have not been any appeals filed. If no appeals are no filed, then the settlement becomes Effective on the 31st day after the final approval (approximately December 11, 2016). The settlement agreement states that claims will be paid within 45 days of the Effective date. If there are not any appeals filed, then it looks like claims would be paid by the end of January 2017. Please keep checking Top Class Actions for updates. We will let our viewers know as soon as we learn checks are in the mail!

  8. KATHRYN NICOLE SIMPSON says:

    I received a post card and went to the website they supplied to file the claim. The claim went through but I never got a call from an attorney aski g any questions. I have bills that came in my mailbox in the last few years and I didnt give them this address either. My number has changed 3 times since then also.

  9. Jodi says:

    Can’t do this without a claim number. Please publish claim number.

  10. Christina says:

    I am trying to get a hold of the law firm handling this to see if I filed my claim. I’m not sure if I did–I think I remember getting a postcard but cannot be sure. Every phone number sends to an automated recording of choices–none are to speak to a person!!!!

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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.