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The funds in the Capital One call recording class action settlement will not be distributed until the appeal which has been filed is resolved and the class action settlement has been upheld.
U.S. District Judge Dale S. Fischer granted final approval of the Capital One class action settlement on Nov. 17, 2014. However, according to the settlement website, there is an appeal pending in the class action lawsuit.
“Until the appeal is over, payment of funds to Class Members cannot be made,” the Capital One call recording class action lawsuit settlement states.
Judge Fischer granted preliminary approval of the Capital One class action lawsuit on April 30, 2014. Class Members were given until Oct. 7, 2014 to submit a claim for the funds and until Sept. 12, 2014 to file an objection to the class action settlement.
The Capital One class action lawsuit alleges that the bank recorded outgoing customer service phone calls illegally. These phone calls were allegedly made about credit card accounts and were recorded without giving the proper notice to the Capital One card holder that the calls were being recorded or monitored.
Capital One denies any wrongdoing in the matter, but agreed to the $3 million class action settlement to avoid the costly burden and the uncertainty of the litigation process.
The Capital One illegal call recording class action settlement is for anyone who received a phone call from a Capital One customer service representative from July 13, 2006 and March 31, 2012 in California, Florida, Maryland, Nevada and New Hampshire and were not told that the phone call was being recorded or monitored.
The amount received by Class Members is dependent on how many claim forms are submitted. The amount distributed will be a be an equal share of the settlement among the Class Members, after the award for the Class Representatives and the attorneys fees are accounted for.
There will be an update on the status of the Capital One class action settlement as soon as there is more information.
Further information about the status of the Capital One call recording class action settlement was not immediately available.
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The Capital One Illegal Phone Call Class Action Lawsuit is Stanley Nader v. Capital One Bank USA NA, Case No. 2:12-cv-01265-DSF-RZ, in the U.S. District Court for the Central District of California.
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