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Capital One Financial Corp. and three other collection agencies named in a consolidated Telephone Consumer Protection Act (TCPA) class action lawsuit last week agreed to pay a $75.5 million settlement after facing allegations that these companies utilized automated dialing telephone equipment to contact consumers’ cellphones without their consent.
This Capital One class action settlement is said to be largest case ever settled under the TCPA.
According to the preliminary approval given by U.S. District Judge James F. Holderman, Capital One, Leading Edge Recovery Solutions LLC, Capital Management Services LP, and Alliance One Receivables Management Inc. will collectively pay $75.5 million to a class action settlement fund for eligible Class Members. Additionally, these companies will have to change their business practices of cold-calling customer’s cellphones.
According to the Capital One TCPA lawsuit, the Class includes:
“All persons within the United States who received a non-emergency telephone call from Capital One’s dialer(s) to a cellular telephone through the use of an automatic telephone dialing system or an artificial or prerecorded voice in connection with an attempt to collect on a credit card debt from January 18, 2008, through June 30, 2014, and all persons within the United States who received a non-emergency telephone call from a Participating Vendor’s dialer(s) made on behalf of Capital One to a cellular telephone through the use of an automatic telephone dialing system or an artificial or prerecorded voice in connection with an attempt to collect on a credit card debt from February 28, 2009, through June 30, 2014.”
The settlement statement for the TCPA class action lawsuit states that Capital One will pay the majority of the settlement, about $73 million. Leading Edge will contribute close to $1 million, Alliance One will pay about $1.4 million, and CMS will pay more than $24,000. None of the named companies have admitted to any wrongdoing in the in this TCPA class action lawsuit.
The Capital One TCPA Class Action Lawsuit is In Re: Capital One Telephone Consumer Protection Act Litigation, Case No. 1:12-cv-10064, in the U.S. District Court for the Northern District of Illinois.
What Is The Telephone Consumer Protection Act (TCPA)?
The Telephone Consumer Protection Act was passed into law in 1991 by Congress with the intent to limit the ways in which companies could contact or solicit customers. Specifically, the TCPA restricted telephone soliciting and telemarketing made on automated telephone equipment with prerecorded or robotic voices. The TCPA also limits how and when any company can utilize an automated dialing system to leave computerized voice messages or text messages on the home phones or cellphones of clients, patients, and other consumers.
Additionally, the TCPA mandates that companies and solicitors to honor the National Do Not Call Registry, which all consumers are free to enroll in at any time.
Capital One is not the only company facing TCPA class action claims for allegedly violating consumers rights guaranteed under the TCPA. Hundreds of TCPA class action lawsuits have been filed in the United States in just the past year by various consumers.
Do YOU have a legal claim? Get a free legal review of your potential case now.
UPDATE: Instructions on how to file a claim for the Capital One TCPA class action settlement are now available! Click here or visit www.CapitalOneTCPAClassSettlement.com for details.
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75 thoughts onCapital One Agrees to $75M TCPA Class Action Settlement
My name is not corect on the letter so please I have enough problems take me off the list please ID # 434308515266524
This to change to my correct name, on the postcard I was sent, it shows Robert M R Orpin the correct name is Robert M Orpin
They had my name wrong on the card I was sent Robert M R Orpin and it should be Robert M Orpin.
My ID:18431-16490-70623 ROBERT M ORPIN
3033 E VALLEY BLVD SPC 51
WEST COVINA, CA 91792-3318
I tried the phone no. it doesn’t work. So I’m thinking SCAM.
My ID no. 47530-53434-69556. Please remove me from the mailing list. The to good to be true alarm went off. Thank you very much!
How do i post my claim online, i recieved 3 postcards..three different claim numbers with the incorrect name. Please tell me how to fix this
My business name is correct, but my given name is not.
Is should be Kari Grams Burner, Kari’s Daycare
My notice ID# is 69330-58332-91809
Thanks — for as much grief as Cap One gave me I’ll take whatever they have to pay. They are horrible to deal with!
I rec’d a post card today about the settlement from CapitalOneTCPAClassSettlement
my claimant Notice ID. 41730-60393-55854
they had my name wrong on the post card, they had John J. Lynch and it should be John A. Lynch
5385 Whipporwill Ct. Apt.5
Moraine, Ohio 45439-5107
I received the same post card and my name was also printed wrong. My middle initial was wrong and after doing some researching, it seems that a lot of other peoples middle initial was wrong. Some part of their name was wrong so I don’t really know what to think about this, or whether I should participate or not.
I was Power of Attorney for my mother she has now passed away. Here is her number what should we do
25930-58400-72477
Got yr notice and name is incorrect. It reads Brianne B. Ray and should reflect Brianne L. Ray, ID Notice is: 56330-05068-44818. Brianne L. Ray
I do not want to be legally bound by the Settlement .Please ,take my name off your list.My notice ID# is 57630-60262-79332.
Sincerely,
Mahendra B Shahi
I’m already dealing with Identity theft issues and do not want to be tied up in this class action lawsuit. My Notice ID# is 41930-89859-22902. Please take my name off your list.
Sincerely,
Allison Webb
my name was also spelled wrong this isn’t just a a simple typo.
the ID # 41531-13025-33685
People this is a comment section and not a was to contact the law suit people. By putting your name and identity number on the comment section you are telling everyone who you are.
thank you where do i go to opt out?
my id#s are 19431_77538_22383 & 13331_04530_70445 & i am donna l bennett. please remove my name from the settlement. i do not have the web & i am not sure how to get to the exclusion spot. my eight yr old uses this to play with. iam android challenged and hope i am in the correct sign off spot. thank you donna bennett
I am waiting on more information about my claim. No one has contacted me and I can not reach anyone on the number. Please contact me at the email address listed above.