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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
They need to re-open this because had I known I would’ve file a claim. DAMN.
this company just keeps calling.
I have moved i would like to update my address information.
I still have not received my check. Can someone tell me what I need to do?
Leanne contact the the claim administrator 1-888-301-8552 or the law office that handle the case their name are up above this comment section.
I have not received mine either. The above listed telephone number is of absolutely no help. I have searched and searched for someone to contact.
Try calling 312-739-4200 this is the new number to call for questions/issues
Cally, thank you so much for the new telephone number. I don’t know how you found it, but it worked. They are tracing and following up for me now since I definitely should have received the check by now.
Hi Rose,
I’m glad it worked and I hope you get your check.
I received my check for $30.68 ! Check #111117, from Bank of the West !! I received it sometime during the month of June, 2017 ! ( I was away for vacation, so don’t know which day it came). I live in Palm Coast Florida, 32164 ! Jami B>
I have not received my check. Do you know who I can call to find out where it is?
How do I appeal? Portfolio Recovery harassed me hundreds of times and my check of $30.00 is not enough to cover my phone mins and time. Please advise.
I called the court clerk in the U.S District of California and according to the clerk this case is still open and has a hearing scheduled for June 20th 2017, with this being said and if you do the math the attorney has taken $5.4 million for fee’s, $3.325 million for paper work and filings, each of the 6 members bringing the case forward are receiving $6.250 thousand the total of $37,500 thousand, the remainder 7.2 million other individuals if they receive $30.68 that totals $220,896.00. Do the math, 18 million – 5.4 = 12.6 million – 3.325 mill = 9.275 mill. – 37,500 = $9.237,500.00 that went to the NACA which the law firm is members of. U.S H.R. 985 115th Congress 1st session sec. 103, sec 1718 and sec. 1719 states that ” In no event shall the attorney’s fee award exceed the total amount of money Directly distributed to and received by All Class Members. I am investigating further as I still have a cell phone debt that is outstanding for going over the minutes because of this company and I don’t agree with NACA taking over half the recovery.
Wow Tammy thanks for the information I hope you will keep us posted with any developments. The NACA getting paid more than the class members doesn’t seem right.
Yeah I got only a 30 dollar check I was supposed to get the 6200 dollars it’s a lie . They used our names for them to profit off and even pay us 30 dollar check. I was one of the six names they used and got us to sign for them to use our names
There were 6 named plaintiffs who were part of the main case. Only those 6 defendants got 6200. The rest of the money was divided up amongst 300,000+ of those who received then turned in the post cards. If you look at the details of the class action, you will see the details. Unless you are one of the six plaintiffs that are actually named in the suit, you would not get 6200. You are not the only one confused. The lawyers always are the only ones with a windfall with these class action suits.
The last names of the named plaintiffs who received $6200 are as follows. If one of the names is not your last name you were not one of those who received $6200.
Frydman
Howard
Marin
Meyer
Jury
Allen
I can not find a place to cash the check. Did any one get theirs cashed.
U can cash it anywhere it’s a regular check. They will just have u sign the back whereverever there is space to do so. U can cash it a a gricery store that cashes checks or deposit in ur bank. I’ve deposited class action checks into my bank atm without even having to sign never had a problem.
I have tried several stores and check cashing places. Even my bank rejected it.
Chase bank cashes it also lucky’s and mipueblo grocery stores if u have them in your area. I cash these checks all the time on the post cards at chase bank i deposit it and have had no problem.
If you have an ACE check cashing place in your area they will cash the check they cashed mine.
I’m still trying to find out if we can cash the check without a problem cause VA don’t play when it comes to cashing check
You can contact the settlement administrator with any questions about cashing the check. There is a PO Box available that you can write to. We wish you the best of luck in getting your questions answered and your check cashed!
what do you do if you rec’d a postcard and had a valid claim but never rec’d a check