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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 check for the settlement and have gotten remarried and can not cash this check, due to changing my last name. How would I handle this? Thank you.
Find your old I’d to prove your identity
received mine today here in California $39.10
received today in California $39.10
this is not a scam. I have received a legit check. So please stop giving out your id numbers and stick with this settlement if you are involved. This board is for COMMENTS on the article above.
I received $39.10 today and my name was also spelled wrong. I kinda think it’s purposely done!
I received MY card too, last year, my name was spelled correctly & I filed my claim on time. And today I received MY share of the settlement.
Well like all of you I have a boat load of nasty complaints and those people really do suck as business people ! Received a check from c one settlement for 39.10 from the big settlement claim,maybe it isn’t much but the point is they had to pay. They were fined and the millions it cost them is lots of the interest they over charge people. Like all of you I had to lose and learn the hard way ! I even lost my home and almost everything I had . When I called c one to alert them to my circumstances they just kept charging fee a poun fee and literally ran my credit in the ground I never will be able to pay it off . When they finally turned my account over to hardship dept they had ran it over ten grand in late fees and other charges! I went from excellent credit to no home and I will never get credit again !!! So…….39.10 bully for them !! Well thank god I still have GOD. !!!!
They also spelled my first name wrong. I really don’t know what to think about this R u for real My id number is GA93620811
I have not received any follow-up about the settlement yet. Sometimes they respond much later than they state they will. I just received a settlement check from another company for a lovely $.39. Yes, I did type 39 cents. LOL! I will not even bother cashing it.
I have not heard anything about the Settlement. I believe this was some type of scam!