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Central Payment has agreed to pay $6.5 million to resolve a nationwide class action lawsuit that alleges the company made telemarketing calls to telephone numbers in violation of the Telephone Consumer Protection Act.
Plaintiff Fred Heidarpour filed the putative class action lawsuit August 18, 2015, alleging that third parties hired by Central Payment, a credit card transaction processing service company, called people on or after August 18, 2011 using a prerecorded message and called cell phones, residential lines and numbers previously registered on the National Do-Not-Call Registry – all which are prohibited by the TCPA.
Heidarpour claims these telemarketing calls were made by Central Payment to obtain new clients.
The TCPA is a federal statute enacted in 1991 that outlaws telemarketing calls via unsolicited automated or pre-recorded telephone calls (also known as robocalls), which Congress deems a “nuisance and an invasion of privacy.”
Specifically, the TCPA prohibits persons from initiating any telephone call to a residential line or cell phone using a prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is made for emergency purposes or is exempted.
Under the terms of the TCPA class action settlement, Central Payment will pay $6,500,000 in cash payments estimated to be between $100 – $150 to eligible Settlement Class Members who submit valid and timely claim forms.
The settlement also provides for payment of class administration costs, plaintiffs’ attorneys’ fees and litigation costs up to $2,210,566 as well as a $25,000 court-approved service award to Heidarpour for his role in bringing the lawsuit.
Central Payment has also agreed to create policies and procedures of not making telemarketing calls promoting Central Payment’s products and services using pre-recorded messages.
As part of the proposed TCPA settlement, Central Payment does not admit to any wrongdoing and continues to deny the allegations against it.
Class Members who wish to exclude themselves or object to the terms of the settlement must do so by April 14, 2017.
UPDATE: On July 10, 2017, Top Class Actions viewers started receiving checks in the mail from the Central Payment class action settlement.
Who’s Eligible
You are in the Settlement Class if, “on or after August 18, 2011, Central Payment, or a third party acting on Central Payment’s behalf:
- Called you on a residential or cellular telephone using an automatic telephone dialing system or prerecorded voice; or
- Called you two or more times within a twelve month period on a telephone number that was on the National Do-Not-Call Registry.”
If you are unsure whether you are a class member eligible to receive compensation in the settlement, you can call the Claims Administrator at 1-855-770-0003.
Potential Award
$100 – $150
The $6.5 million will be divided among Settlement Class Members who file timely, valid claims after deducting settlement expenses, the service awards, and attorneys’ fees and costs. Your share of the fund will depend on the number of claims made. However, it is estimated you will receive approximately $100-150.
Proof of Purchase
Claimants must provide the phone number at which they received calls regarding Central Payment.
Claim Form Deadline
4/14/2017
Case Name
Heidarpour v. Central Payment Co. LLC, Case No. 4:15‑cv-139-CDL in the U.S. District Court for the Middle District of Georgia
Final Hearing
5/4/2017
Settlement Website
Claims Administrator
Central Payment Settlement Administrator
PO Box 421
Claysburg, PA 16625
Phone: 1-855-770-0003
Class Counsel
Edward Broderick
Anthony Paronich
BRODERICK & PARONICH PC
Matthew P. McCue
THE LAW OFFICE OF MATTHEW P. MCCUE
Steven H. Koval
THE KOVAL FIRM LLC
Defense Counsel
Alan G. Snipes
Thomas F. Gristina
PAGE SCRANTOM SPROUSE TUCKER & FORD PC
Join a Free TCPA Class Action Lawsuit Investigation
If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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