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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
I received a post card and my name was wrong they have Jose J Vargas and it should be Jose E Vargas. My claim ID 66730-15073-65876. Thank You.
take my name off the list ido not want to be part 0f this class action law suit #46431 17846 77893.
My name is also wrong they have it as B Bane Trucking. It should be Butch Bane Trucking ID# 30831-28763-00701
My name is also wrong they have Marsha AM Bane. It should be Marsha A Bane Notice ID# 90630-62599-24851. There should be a class action suit against Chase Bank also!
My name is also spelled wrong on the postcard I received.I don’t even have a middle name..and ever did.and I have it w a middle initial on mine.but when I did have a cc w them they made sure did had my name right then..something’s up especially after reading all of the precious comments from the other people.how can u get so many names wrong????
I RECEIVED A CARD NOTIFYING ME OF THE CLASS ACTION SUIT. MR NAME SHOULD BE EDITED TO READ AS CHARLENE ROBERTS. NAME CHANGED AS OF APTIL 23, 2014.
My name was also spelled wrong…..is this a scam of some kind? I want nothing to do with this.
They have my name wrong on the card that I got. They have Robert D R Blatchford. My name is Robert D. Blatchford. The Notice ID # is 76831-86829-77946. We mailed the card back to you on August 22, 2014.
You click on the link where it says click here from the respond er top class action it will take you to the main page on the top of that page you should see something for starting a new claim on the left side I believe that then will take you to another page where you click on I have my 15 digit claim number then push unlock on that top page to correct any information that may be wrong such as the middle initial as most peoples problem is incorrect on their info from me reading the recent post.
I got a post card and please take off my name from your list..Don’t contact me anymore..I am not Interested….ID No.3180922567…Thank you……