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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 use about 8 different numbers to call, without permission, of course, so they’re continuing criminal activity.
If they buy old debts it’s their fault, and in effect, they rid those debts from a person’s credit file bec they paid them off for them. What a nice thing to do!
Being facetious but really they chose to take on a debt as their own, relieving it from the original creditor’s negative deficit, so now they own it and how can they try to get anything from the original debtee bec their signature wasn’t on the contract between debtor and debtee.
Example:
Joe gets loan or credit from General Services, contract has Joe’s signature and General Services signature. Joe later loses job, can’t pay on loan, and it goes to collections. State has statute of limitations to protect Joe from excessive collection harassments and they cease.
8 yrs later, Port Fart says to General Services gimme that debt for $100. They re-harrass Joe all over again to pay up, ignoring the state’s intent to alleviate collection abuses on that contract. Now Port Fart’s and General Services signatures are on the contract that Port Fart created in order to buy Joe’s old debt. But Joe’s signature isn’t on that contract. He didn’t sign it bec it was a transaction between the 2 companies. It’s no longer under General Services unpaid column and should be withdrawn from Joe’s credit report.
Joe never entered into an agreement with Port Fart to accept a loan or credit with them, it was with General Services. And if Joe never sought anything from Port Fart, how did they gain access to his credit report to know of the unpaid General Services loan?
I asked 2 credit reporting agencies if anyone can access your credit file with them and it had to be by an inquiry from whomever you apply to for credit or background check type procedures. But, like Joe, no one seeks out Port Fart for anything so what underhanded methods are they using to look into your entire credit file? They do it without your permission and untruthful answers to credit bureaus to gain access to your personal home info in order to call you or contact you thru your address.
Yes I keep getting calls from you and you was suppose to stop calling my Mom’s number! If I miss a payment then you call!
Is the class action for debt collection letters as well?
This particular settlement is only for consumers that received certain phone calls. There are a couple of class action lawsuits regarding debt collection letters that are moving through the courts, but they haven’t reached a settlement at this time. Please keep checking Top Class Actions for updates!
So basically only the six named plaintiffs will get the big payout while the rest basically get nothing. Wish I had known that before I submitted my claim as it was a waste of time for the very small amount the rest of us will get :/.
I used to get these calls until I flipped out and screamed that my number was unpublished and I have ever given it out in the 15+ yrs I have had it. I went like a week w/o hearing from them only to get calls from a number that now is one number off from mine! Not to mention someone is using my phone number to call other people! I keep getting calls telling me they received a call and message from a debt collector at my number! obnoxious!
do anybody no when we will get our money
The final hearing is scheduled for December 5, 2016. Claims will not be paid until after the final hearing, the court grants the settlement final approval, and any appeals filed are resolved. It will be several more months before settlement payments are disbursed. Keep checking Top Class Actions for updates. We will update the article with any major case developments or settlement news!
How much will each person who resides in the United States get from the settlement about?
The claim form deadline isn’t until 10/26/16. The settlement fund (after admin expenses and attorney fees) will be split between verified claimants. There is no way to tell how many valid claims there are before the claim deadline. Keep checking Top Class Actions for updates!
Ok ,does it really look like we’re going to get $1 to $10 for settlement?
I guess the “win” for all if us is not the monetary settlement itself, but the fact that they were caught, and have to pay a big chunk of money for breaking the law. I remember telling PRA many years ago they were breaking laws, and they just laughed at me. I am grateful someone finally stood up for our rights!!!
I was on vacation i at Disneyland wirh my young daughter n they called me . I think her name was hill and that bitch said to me ” it must be nice to go on vacation and still haven’t paid ur debt off. I was so mad. but that was 1 of the last time they called. after so many 100’s of other calls they made before this. I hope they pay us well.
If you have your number registered with the Telephone Preference Service and you get phone calls from places like this, or any solicitors, they will be fined. Every company that makes calls has to buy the file from the TPS and remove any number that is on the TPS list from their list. If they fail to do so in a timely manor they are in big trouble. I use to work for a marketing company and took care of this job, its no joke.
I got 2 notices one for me and one for my late husband- I filed both my husband died in 2011 and got calls from this place on every day any hour even after his death !
Curious.. Was you’re bankruptcy discharged or dismissed?
what I hate is when they call and act like they know you or call for my daughter and say ” Its abouut a personal business matter, or fill your messeges with hang ups or recordings sigh