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Debt collection company Portfolio Recovery Associates has agreed to settle a multidistrict litigation accusing the company of making autodialed calls to consumer cell phones for the purpose of debt collection without consent over a seven-year period, from December 2006 to July 2013.
Multiple class action lawsuits were filed against the company alleging violations of the TCPA, and the cases were consolidated in California federal court in 2011.
The six named plaintiffs say that PRA called them and other Class Members on their cell phones without prior consent in violation of the Telephone Consumer Protection Act (TCPA), using an automatic telephone dialing system (autodialer).
One of the lead plaintiffs alleges that PRA made more than 20 calls at a rate of approximately twice a day in a two-month period between Oct. 2010 and Dec. 19, 2010 despite not having provided his cell number to PRA and without his authorization. Similar allegations were made by five other plaintiffs.
While Portfolio Recovery admits that it attempted to collect on outstanding balances allegedly owed by the plaintiffs via mail and telephone, the company denies allegations it violated the TCPA but agreed to the settlement in order to avoid further cost of litigation.
Pursuant to the terms set forth in the preliminary approval of the agreement, the Class will consist of approximately 7.4 million U.S. residents.
Class Members will be entitled to both monetary and injunctive relief.
The injunctive relief already in place “will be continued and expanded” to prohibit Portfolio Recovery “from using its Avaya Proactive Contact Dialer to place calls to any person’s cellular telephone numbers without prior express consent.”
As for monetary relief, Portfolio Recovery agreed to pay a total of $18 million. After the fund is used to pay attorneys’ fees of up to $5.4 million, notice and administration costs not to exceed $3.325 million, and incentive awards for six named plaintiffs of $6,250 each, the remainder will be split on a pro rata basis among Class Members.
Any remaining funds will be paid to the National Association of Consumer Advocates as cy pres relief.
Who’s Eligible
Under the terms of the Portfolio Recovery TCPA MDL settlement, Class Members include all natural persons residing in the United States who received one or more telephone calls from an autodialer or a predictive dialer operated by PRC to such person’s cell phone number between Dec. 23, 2006 and July 1, 2013, inclusive, and who are listed in the csv data file titled pra_outbound_dial_list_20140304.zip produced to plaintiffs’ counsel.
Potential Award
Varies.
Portfolio Recovery has established an $18 million Settlement Fund. After deducting costs of the Settlement Notice and Administration not to exceed $3.325 million, attorneys’ fees of up to $5.4 million, and incentive awards for six named plaintiffs of $6,250 each, the remainder will be split on a pro rata basis among eligible Class Members who submit valid claims.
Any remaining funds will be paid to the National Association of Consumer Advocates as cy pres relief.
Proof of Purchase
N/A
Claim Form Deadline
10/26/2016
Case Name
In re Portfolio Recovery Associates, LLC Telephone Consumer Protection Act Litigation, Case No. 11-MD-2295-JAH-BGS, in the U.S. District Court for the Southern District of California
Final Hearing
12/05/2016
UPDATE: On January 25, 2017, the court granted the Portfolio Recovery Associates TCPA settlement final approval. There is now a 30 day period in which appeals can be filed. If no appeals are filed, then claims will be paid by March 27, 2017. Please keep checking Top Class Actions for updates and let us know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: March 26, 2017, the settlement website has been updated with a new check disbursement date of April 30, 2017.
UPDATE 3: May 4, 2017, the settlement website has been updated with a new check disbursement date of on or around May 31, 2017.
UPDATE 4: On June 5, 2017, Top Class Actions viewers who filed a claim for the Portfolio Recovery Associates TCPA class action settlement started receiving checks in the mail.
Settlement Website
Claims Administrator
In re Portfolio Recovery MDL TCPA Settlement
Settlement Administrator
PO Box 43421
Providence, RI 02940-3421
888-301-8552
Class Counsel
James O. Latturner
EDELMAN COMBS LATTURNER & GOODWIN LLC
Ethan Preston
PRESTON LAW OFFICES
Defense Counsel
Christopher W. Madel
ROBINS KAPLAN 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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472 thoughts onPortfolio Recovery Associates TCPA Class Action Settlement
MY PHONE IS UNLISTED AND UNPULBISH AND HOW THE HELL DID THEY GET MY NUMBER I CANT STAND THEM
they set up phony contests and sweepstakes so people fill them out giving them their phone number and address
They STILL do this daily! They call us at least 3 times a week on our cell and sometimes no one is even on the line. I have told them I am aware of the debt based on the monthly bills we get, but at this time we cannot afford to pay the debt and when we can we will contact them. They claim they will “update our records and when we can settle the debt to give them a call”. But they just keep harassing us.
This true. Numbers recycle and I don’t know how many calls I got for different people that are debt collectors. It takes them so long to take the number off and I had to email them to make sure it is done right away. some people pay for the minutes they use and it just doesn’t seem fair.
They called me for no reason. I owed no monies and had no balances associated with any company!
I would like to think that the attorneys are working to get claims for people who have been erroneously called for no reason?
It’s a scam to get your info so they can find out were you are and call you more
These people just about made me crazy for almost 3 years. They called well before 9 a.m. and well past 9 p.m. on at least 20 occasions. I don’t know how they did it, but I had my boss’s number programmed in my phone and they would call and it would show my boss’s name on the caller ID. That seems to be some kind of illegal activity to me, but I don’t know for sure. The issue I had was that the debt they were harassing me about was 8 years old before I ever heard from them. I am no lawyer and don’t claim to be, but I thought there was a limitation on the time anyone could call about an old debt.
I am not a lawyer either, but there is a statue of limitations. It varies state by state.
If you have documentation proving they called before 8 am and after 9pm you could file a complaint with the TCPA and FTC. Using your boss’s number can be done by “spoofing” a phone number IE they can program what number will show as their caller ID. However that’s usually done by “chop shops” IE small usually illegally operated always sketchy collection offices, that collect on past limitations debt and use scare tactics and threats. Not a company with offices nationwide as it’s highly illegal . Even if your debt is “out of stat” meaning it’s outside of the statute of limitations companies can still TRY to collect on it. However they CANNOT take any legal action, garnish wages, freeze accounts, or threaten they will. If you make ANY payment on a debt that is out of its statute of limitations it then renews the debts statute. Hence why a lot of unscrupulous companies will say “just give us a $1.00 good faith payment on the debt and we can do yada yada yada for you about it”. Boom now the debt is back active and they can legally pursue you. Hope that helps!
So 10 million split between 10 million people I’m guessing $1 each
They say only about 10% of people actually respond to claim
Portfolio calls my phone almost everyday. Even on Sunday.
So in other words, the lawyers get rich and PRA is status quo. Thanks for my $1.32!!!
Yup… Clearly justice has been served.
But isnt it a fact that the less people who file on time will better the odds of upping the payment to those that did?
I just got a call from portfolio on my cell on 8-10-2016 , 9:53am!!!! . l have a diffent number and they keep calling me .
I received a call from Portfolio on 8/10/16 @ about 2:26 p.m. I thought they are not suppose to call me on my personal cell phone? So what exactly does this class do?