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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
You have my name wrong Barbara J Ruffin not Barbara B Ruffin
Claim # 98130-30967-11597
I do not have two middle initials. It is Darci C Rowland notice# 22530-31470-27767
My name was also spelled wrong..RED FLAG!!!..but you can bet if you don’t pay your bill on time or they turn you over to collection they would get your name correct in a heartbeat!! Because they want their money!!!..please take my name off this list..the money isn’t worth being a victim of identity theft , if we’re getting money just send a check, why do we have to respond..SCAM..maybe the BBB would like to get the postcard instead ..don’t contact me in this case Again..
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UPDATE: Instructions on how to file a claim for the Capital One TCPA class action settlement are now available! Click here or visit http://www.CapitalOneTCPAClassSettlement.com for details.
The legal notice I received had my name as Ruth M. R. Patrick. The correct info is Ruth M. Patrick . My ID.# is 48130-27244-11748
Name is incorrect on the postcard. I should read Nikki L. Claus. Notice ID: 42430-43313-58862
Need to correct name to: Lee H. Montgomery ID # 58231-11307-97477
My name was incorrect on the postcard. It should read, Kelvin l. Hildreth. Not “Kelvin L K Hildreth”. Notice ID: 70231-42238-39617.
I received a notice in the mail…..my name is also wrong. They have me down as Robin D R Elkins…..it should be Robin D. Elkins. ID# 43530-22572-9708 Thanks!
I receved a notice and my name was not right it show’s Walter J W Simmons, i think they are just doing it so they won’t have to pay, the name is Walter J Simmons ID # 11630-13143-70231