Rash Curtis wrong-number calls $75.6M class action settlement

Who Qualifies: Consumers qualify for the class action lawsuit settlement if they received unsolicited calls from collections agency Rash Curtis and Associates between June 17, 2012, and April 2, 2019. These consumers are sorted into Subclasses based on whether they received calls on a cellphone or landline, whether their numbers were obtained through skip tracing, or whether they never had a debt collection account with the company under their name.

Potential Award: Varies

Proof of Purchase Required: Unique ID and PIN code. W-9 required for payments greater than $600.

Claim Deadline: 6/02/2022

A class action lawsuit against Rash Curtis has led to a $75.6 million settlement over claims the company violated the Telephone Consumer Protection Act (TCPA) with wrong-number calls.

In general, consumers qualify for the class action lawsuit if they received unsolicited calls from Rash Curtis between June 17, 2012, and April 2, 2019. These consumers are sorted into Subclasses based on whether they received calls on a cellphone or landline, whether their numbers were obtained through skip tracing, or whether they never had a debt collection account with Rash Curtis under their name.

Rash Curtis and Associates is a collections agency specializing in recovering revenue for healthcare providers, private companies, and government entities. According to the company’s website, the collector manages over $130 million in placements each year.

However, in the pursuit of debt collections, Rash Curtis allegedly violated federal law.

Plaintiffs filed their class action lawsuit in 2016, claiming the company used an autodialer to place excessive wrong-number pre-recorded calls without consent. One plaintiff allegedly received 45 calls from Rash Curtis despite not giving her consent.

According to the plaintiffs, these calls violated the TCPA, a federal law that protects consumers from unsolicited robocalls. Companies like Rash Curtis are required to get express, written consent before placing automated calls using an autodialer or other telemarketing technology. Failure to comply with this law could result in penalties of up to $1,500 per violation. 

In May 2019, after a trial over these allegations, a jury found the company liable for violations of TCPA and ordered the company to pay over $250 million. 

The plaintiffs agreed not to execute this judgment in exchange for Rash Curtis’ assignment of rights against its insurance company Indian Harbor. The plaintiffs filed a bad-faith lawsuit against Indian Harbor and secured $75.6 million. These funds are now being used to fund payments to Class Members.

Under the terms of the Rash Curtis collections calls settlement, Class Members may be eligible to receive hundreds or even thousands of dollars. 

According to the fund’s website, each call received from Rash Curtis will be eligible for at least $86.82. On average, each Class Member will reportedly receive over $700 based on the number of calls they received.

Higher payments are estimated for Class Members who received numerous calls from Rash Curtis. 

Over 12,000 Class Members are projected to receive over $700 while hundreds of other Class Members could be eligible for payments between $5,000 and $40,000.

A second distribution is planned for any unclaimed funds from the first round of payments, according to the settlement administrator. Class Members who cash their checks or process electronic payments and provide requisite W-9 forms can qualify for this significant second distribution. 

In order to receive a payment from the class action lawsuit, Class Members must submit a valid claim form by June 2, 2022.

Who’s Eligible

Consumers qualify for the class action lawsuit if they received unsolicited calls from Rash Curtis between June 17, 2012, and April 2, 2019. These consumers are sorted into Subclasses based on whether they received calls on a cellphone or landline, whether their numbers were obtained through skip tracing, or whether they never had a debt collection account with Rash Curtis under their name.

Potential Award

Varies

Proof of Purchase

Unique ID and PIN code. W-9 required for payments greater than $600.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

06/02/2022

Case Name

McMillion, et al. v. Rash Curtis & Associates, Case No. 16-cv-03396-YGR, in the U.S. District Court for the Northern District of California

Final Hearing

10/01/2021

Settlement Website

RashCurtisLawsuit.com

Claims Administrator

Rash Curtis TCPA Litigation
Digital Settlement Group, LLC
PO Box 301
Valparaiso, IN 46384
info@rashcurtislawsuit.com
877-388-5623

Class Counsel

Scott A. Bursor
BURSOR & FISHER PA

Defense Counsel

Amanda N. Griffith
BERMAN BERMAN BERMAN SCHNEIDER & LOWARY LLP

Max H. Stern
DUANE MORRIS LLP