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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 have fill out my tcpa from in november the 26 of 20014 i never headr any thing yet and im wanten to know if im going to get my settlement from the tcpa administrator thank you so much plse let me know im brenda james. wade. im amrried my madn name is brenda james now my married name is brenda wade thank you
re: Please remove my name from your list 61830-65872-74572.
MIDDLE NAME WRONG L NOT A
I will gladly come aboard. They still owe me on another federal violation where they took my exempt funds and charted them off to another bank that they were informed not to. As a result I lost 2 storage units filled with priceless possessions. They said Oh we’ll pay the fees but never did. They are liars and cons to the core! I wish they would just stop hurting innocent consumers and just do the regular banking! What’s so hard about that? I didn’t get a post card surprisingly as I have been banking with them for years; why?
Hi, my name is Roy A Harris,and my claim number is, 24431-38565-26574. Thank You
Why are all you people posting your information to a website that has nothing to do with the Capital One TCPA notice you received? People above have done this even after this August 19th update above:
“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.”
Why are you posting here to TopClassActions.com with name and address corrections or requests for removal? It boggles the mind….
please take me out of your lawsuit, I have an attorney, notice#40830-05187-88693..
In error I signed card thinking you were taking me out of lawsuit…
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.Please exclude me from your class action law suite, claimant notice # 28031 50466 58797.
I do not want to be legally bound by the Settlement .Please ,take my name off your list.My notice ID# is 77731-64081-39510.
Sincerely,
Susan M Weaver
So, they finally put up a website to file your claim online which is a good thing. The problem I have now is that on the website they have a FAQs tab, and once you click it to learn more about the settlement you can’t. I have tried clicking on all of the links to learn more but it just takes me to a page that reads error. That for me is just another red flag and I’m pretty fed up at this point. I’m not filing a claim at all because there is really no point in doing so. I really don’t think it fair that the lawyers will get most of the money, and the victims will only get $20-$40 depending on their settlement. Its sad and total BS because Capital One harassed a lot of people with those constant calls. This is not justice at all its just people being greedy!