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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 wrong . They have it listed as Kenneth L K Wade it’s just Kenneth L Wade . My ID is 92230-48031-87970 Thanks
Received a card and my name was incorrectly spelled, should be Chandra K. Kumar. ID is 80930-67891-09257.
Thank You.
I am not interested in the settlement ,please exclude my name. My ID # is 84731-10587-04547 For now I have so many problems to tackle and may be out of the country for months. Thanks.
Incorrect last name it’s Chun now. ID # 16430-16379-12304
I really don’t know if this is a scam or not. I received the same postcard everyone else is talking about. I have my claim number which I don’t want to make public. The first thing that comes to my mind is SCAM! How can almost everyone’s name be incorrectly spelled it just doesn’t sound right. Capital One had been calling my for months 5-6 times a day. I also got calls from AllianceOne and I think they were even worse with their calls. I don’t trust this at all so I’ll leave it alone until I get more solid information.
Also, does anyone notice how it says that the only way you edit your information is by going on the website. There is no website and I have searched all over the internet for the correct one. Its funny because a lot of people who received these postcards names were misspelled. So, I don’t understand how you’re suppose to be able to change anything. In the end the lawyers who are handling this case will have millions by the time this case is over and done with, while the customers who were harassed will only get $20 to $40 per claim. Its not even worth the time or effort.
Name presented incorrectly on card— claim ID # 11631-03641-66226
The name on my notification was incorrect. The name should be Gary J Wolfsberger. My Claimant Notice ID is: 23230-48577-54304.
Received a card and my name was misspelled, should be Kathy R. Speller, ID# 72230-06600-63711
Name on postcard reads – Donald D Mullins – this is incorrect
Correct name is – Donald R. Mullins
Claimant Notice ID: 22131-29256-01821
Thank you
This is my 3rd reply and after reflection on this deal I do not want any part of it, please remove me from any list in regards to this.
Each and everyone of you should refuse the class action suite and sue them, either in Federal Court or file a claim in District or Supreme Court for TCPA & FCRA violations, TCPA violations are $500 to 1500 a call. FCRA violations are $1000 per violation, its that simple.