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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
Do we know how many people have filed a claim or an estimate on how much we will be receiving?
sad to post, but way back when I decided to get a cell phone, well BIG MISTAKE as it must have been about less than a week BINGO calls and calls, for some strange reason I got a 2nd cell Number and NEVER got any calls regards collections etc…SO as usual the bums kept the calls up and then one day all quiet !! as to my credit i am at a 731 and 740 fico scores it is the idiots that want to make all us consumers pay even though the bills etc are not theirs just so the cllas anf ^&%^&%^&% will stop.
They called my home phone as well… and I don’t know what company that it was for either.
I need to know if I’m one of the six named ?
your def not one of the 6..the 6 people they’re speaking of are people who STARTED this lawsuit. it says that those 6 lawsuits were consolidated back in 2011, so in other words all the cases were put together into one big case and since there are obviously MILLIONS of people who the same thing happened to (PCA unlawfully called their cell phones) then it turned into a “class action suit”. so, if u were harassed on your cell by this company you would be a member of the class and could be looking at getting about $1 in the mail once all is said& done and the attorneys make their millions! makes me sick!
They’re approximately 7 million class members . We should be getting a little more than a dollar.
It will be a nice Christmas bonus.
Right – you would know if you were one of the six named plaintiffs because you would have started the case with the attorneys involved.
After coming to this page and seeing how much the attorneys make off Class Action Lawsuits I’m sure everyone’s thinking, “I shlda went 2 law school so I cld represent some “Classes”!” Its insane how much of a settlement goes into a COUPLE attorneys pockets! Esp considering the small amount left ovr has 2b split between millions of people (in most cases)! Even if ONLY 1% of the class submitted a claim, (which we all know a lot more will) then the very most someone wld get wld b around $100, but were tlkn more like 10% (at least) will submit their claim, so we can look 4wrd 2 maybe $10 for the years of harassment these portfolio recovery people have put us thru! and im sure everyone can agree that they’re top of the line when it comes to harassing people!
Not only was I called many times by these shysters, I learned an ex of mine was working for them in Hawthorne,NY @ the time,and his then current skank began bombarding me with calls,Ims & texts,even emails.Most oft from work,even using the work email addy!The threats were just stupid and it got to the point I called the supervisor and left a nasty voicemail regarding the bs @ 3AM(their call center actually listed employees by 1st name,last initial to direct you to correct extension)—-so it subsided for a bit,only to begin again when I switched #s.HOW they got my new,unpublished cell # that I gave to only family still mystifies me.I did yrs later learn both the ex and his then estranged tart no longer worked there.Odd tidbit…not only did the ex have to pay an old cell bill to Portfolio upon being hired there,the owner also had him doing IT work @ his apt in NYC while on the clock. So shady as H.E double L
I get repeated daily and nightly calls from someone regarding collecting, but is usually a robocall and is always from a crazy, different number. I don’t know if it’s this company. How can I find out if I’m on the list and where can I get a claim number? Please help, anyone, to guide me in the right direction.. I may be way off base and just getting scammers.. Ty!
it wldnt surprise me if it was these people but I got a postcard in the mail telling me my claim# and I don’t have the same#as I did when they were calling my cell. first off, how long have you been getting these calls? bc the dates for this suit are from 2006-2013, so if you weren’t getting called at least 3 years ago, (idk why) but this wldnt pertain 2 u. but im assuming they researched all the#s that were on portfolio’s list and sent us the info regarding the lawsuit. I’m not sure how u cld find out if ur#was on their list, but I did do the math 2 find out wat2 expect as far as the settlement goes and its lookn like we could get a whole dollar! ha, so yea if I were u I wldnt put too much effort into finding out if youre in the class bc unless your an attorney in one of these lawsuits it doesn’t seem like anybody gets anything near being reimbursed 4 their troubles! :/
chris mittenburger please exlain how to do this self suing .
Go to the court house and file pro se that means you are self rep , but you will have to file all paper work phone bills etc. and you will have to type out your own court papers this requires skill or you can get a paralegal to do it , it will cost you hundreds for their services but your paper work will be in line but still the paralegal only knows what you tell them you need, such as a certificate of service , and such , you will need to know what each document the court needs ,and the court is picky so you need to get it right but first you have to file a complaint with the court that is first, and that will be with your certificate of service.at the end , and you will have to know who you are suing, the court will not help you with the papers or give you advice, certificate of service every time at the end of the papers on all papers submitted.and anything you file with the court, afterword’s you will have to submit copy’s to each defense attorney”s, and to be better off you’d be best getting attorney, because the defense already knows you are pro se and they know you more then likely don’t know anything about the courts . and it would be to their advantage.but you do have the upper hand of getting money from the settlement as they want to hurry and get rid of you to.
Sorry you will also have to file this in civil court not in federal court , some city’s actually have two court houses federal and civil which would be the county court , and if did get transferred to federal and you do get a attorney he or she will have to be registered in federal court to represent you , some attorneys are not registered in federal court, they have to have a another federal attorney in good standing to sign with them and then they have to pay I do believe it is $100.00 fee but in federal pro se is allowed . and if a case did get transferred to federal court the court rules change such as standing objections only etc., you can get a rule book by going to the courts sites it does not cost anything to view it. but once you file a complaint , more then likely within a year the attorneys will want to settle up. hope this helps.
They called my cell phone many times and once I called them back on my office phone line and then they started calling there without my concent.They also stated I had a second account pending after I was finished paying the current one. To my knowledge I only had one.
I get calls and they looking for other people drives me crazy and tell them not to call my # no more but they still do it