Paul Tassin  |  August 17, 2017

Category: Closed Class Actions

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Closeup portrait, headshot Frustrated young businesswoman in formalwear talking on mobile phone, touching face, closing ear with hand while standing outdoors, bad news, cellular connection concept

Persons who received a phone call about a debt from NCO Financial Systems can claim benefits under a recent robocall class action settlement.

This settlement arises out of a class action brought in April 2016 by plaintiffs Wesley Thornton of Virginia and Antoinette Stansberry of Illinois.

Thornton says that starting January 2009 and continuing through 2011, he received as many as seven calls per day on his cell phone, placed by or on behalf of NCO Financial Systems. Stansberry says she has been receiving similar calls on her cell phone since January 2013. Both plaintiffs say these calls were made using automated dialing equipment and a prerecorded or artificial voice message.

The plaintiffs claim they never gave defendant NCO Financial Systems their phone numbers, nor did they ever give the company permission to contact them using and automated dialing system or an artificial or prerecorded voice message. They allege the company acquires phone number of alleged debtors through skip tracing or other means that do not give the company consent to call.

The plaintiffs argue these calls were made in violation of the federal Telephone Consumer Protection Act, or TCPA. This powerful consumer protection law allows individuals to bring civil claims against telemarketers who make certain kinds of calls without first getting the called party’s consent.

Generally, the TCPA prohibits callers from using an automatic dialer or a prerecorded message unless the person being called has given prior express consent to being called that way. This prohibition extends to calls and SMS text messaging directed at mobile phone numbers, as well as to calls placed to land lines.

In their TCPA class action lawsuit, Thornton and Stansberry quote text from NCO Financial Systems’ own website that describes the automated system it uses to make phone calls. The company says its system delivers “high quality automated messaging” and can be used to “connect customers to a live agent.”

NCO Financial Systems continues to deny the plaintiffs’ claims. The settlement does not require any admission of liability, and the court has made no determination on that issue.

Under terms of the current settlement, NCO Financial Systems will put up an $8 million settlement fund, to be distributed among qualifying Class Members after covering litigation expenses, attorneys’ fees, and incentive awards for Thornton and Stansberry.

NCO Financial Systems also agrees to certain changes in its telemarketing practices. Members of the Injunctive Settlement Class retain the right to sue NCO Financial Systems on an individual basis over settlement-related issues, and the company agrees not to raise a defense based on what type of dialer it used.

NCO Financial Systems has since changed its name to EGS Financial Care Inc. Court and settlement documents continue to refer to the company as NCO Financial Systems.

Who’s Eligible

The settlement creates two settlement Classes, which are eligible for two different types of benefits.

The Injunctive Settlement Class covers all persons who received a call placed by or on behalf of NCO Financial Systems on their cell phones between Jan. 16, 2009 and Aug. 31, 2016.

The Damages Subclass covers all persons within the Injunctive Settlement Class whose received calls meet all the following criteria:

  • The call concerned an account worked by NCO Financial Systems from one of its offices in:
    • Virginia Beach, Va.
    • Horsham, Pa.
    • Getzville, N.Y.
    • Dublin, Ohio
    • Montreal Quebec, Canada or
    • the Philippines; and
  • The call was placed using one of the following telephone systems:
    • Guaranteed Contacts;
    • CRS Mercury;
    • Aspect;
    • LiveVox; or
    • Soundbite (also known as Genysis).
Potential Award

Up to $90.

Members of the Damages Subclass who submit valid and timely claims can receive payments of up to $90.

For Injunctive Settlement Class Members, NCO Financial Systems agrees to the following changes in its practices:

  • Recording all consent it receives to call cell phones;
  • Identifying and recording which of the numbers on its call list are assigned to cell phones;
  • Stopping the use of dialers to call cell phones without consent; and
  • Using manual dialing as needed until consent is given and recorded.
Proof of Purchase

The settlement administrator does not request any additional documentation other than the information requested on the Claim Form.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

10/17/2017

Case Name

Thornton, et al. v. NCO Financial Systems Inc., Case No. 16 CH 5780, in the Circuit Court of Cook County, Illinois, County Department, Chancery Division

Final Hearing

10/26/2017

UPDATE: The NCO Financial Systems Debt Call Class Action Settlement was granted final approval on October 31, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE January 3, 2018: TCA Viewers have reported receiving NCO Financial Systems Debt Call Class Action Settlement checks for as much as $90! Let Top Class Actions know if your check arrived!

Settlement Website

www.DebtCallSettlement.com

Claims Administrator

Debt Call Settlement
Settlement Administrator – Angeion Group
1801 Market Street, Suite 660
Philadelphia, PA 19103
info@DebtCallSettlement.com
1-855-551-7374

Class Counsel

Benjamin H. Richman
EDELSON PC

Keith J. Keogh
KEOGH LAW LTD.

Douglas J. Campion
LAW OFFICES OF DOUGLAS J. CAMPION APC

Kas L. Gallucci
LAW OFFICES OF RONALD A. MARRON

Defense Counsel

James K. Schultz
Daniel W. Pisani
Morgan Marcus of
SESSIONS FISHMAN NATIONAL AND ISRAEL

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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45 thoughts onNCO Financial Systems Debt Call Class Action Settlement

  1. Lauren says:

    I received a check from Huntington National bank dated 12/29/2017 in the amount of 90.00 USD. Does anyone have an idea of how I can get it reissued?

  2. LINDA says:

    No payment as of today…

  3. nancy says:

    i never recieved any check.

  4. LINDA L BENNINGTON says:

    don’t understand why I got notification of an update for this

  5. Dawn Ventriglia says:

    I filled out and mailed back the other portion of the postcard and have never received a check. called the phone number and it just hangs up on me

  6. Greg & Julie Wierschem says:

    Filed a claim and never heard a thing. . . . Is there no money left to pay out? If so, please let everyone know that is still waiting.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.