Katherine Webster  |  August 30, 2021

Category: Legal News

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class action lawsuit settlement
(Photo Credit: Alan Budman/Shutterstock)

Class Members in a class action lawsuit settlement with Rash Curtis and Associates over the company’s alleged violations of the federal Telephone Consumer Protection Act (TCPA) could take home awards of more than $20,000.

A website is now available for Class Members to get more information on the case.

The plaintiff in the class action lawsuit alleged Rash Curtis placed wrong-number calls to consumers’ cellphones using an autodailer or pre-recorded voice between June 17, 2012, and April 2, 2019, without consent.

Rash Curtis is a collections agency that has been in operation since 1977, according to the company’s website. It processes and manages more than $130 million in placements each year.

In May 2019, a jury determined Rash Curtis was liable for placing 534,698 such calls, and in September 2019, the Court entered a $267,359,000 judgment in favor of the Class and plaintiff. However, Rash Curtis’ appeal of the verdict is pending. 

Then on Oct. 25, 2019, the Court granted a motion from the lead plaintiff to approve the assignment of Rash Curtis’ rights against its insurer, Indian Harbor Insurance Co., in exchange for the plaintiff’s covenant not to execute the judgment against Rash Curtis.

Because of this assignment, the lead plaintiff filed a “bad faith” lawsuit against Indian Harbor.

That “bad faith” lawsuit has now settled for $75.6 million, and Class Counsel is proposing to use those funds to satisfy the TCPA class action lawsuit judgment.

Counsel has proposed these proceeds — minus attorneys’ fees and other costs — be distributed proportionately among Class Members in the Rash Curtis class action lawsuit settlement, based on the number of calls each Class Member received.

The Court has certified the following Classes:

  • Skip-Trace Class 1: Anyone who received a call on their cellphone from June 17, 2012, through April 2, 2019, from Rash Curtis’ DAKCS VIC dialer and/or Global Connect dialer and whose cellphone number was obtained by Rash Curtis through skip tracing.
  • Skip-Trace Class 2: Anyone who received a prerecorded message or robocall on their cellular or landline phones from June 17, 2012, through April 2, 2019, from Rash Curtis and whose number was obtained by Rash Curtis through skip tracing.
  • Non-Debtor Class 1: Anyone who received a call on their cellphone from June 17, 2012, through April 2, 2019, from Rash Curtis’ DAKCS VIC dialer and/or Global Connect dialer, whose number was obtained by Rash Curtis through skip tracing, and for whom Rash Curtis never had a debt-collection account in their name.
  • Non-Debtor Class 2: Anyone who received a prerecorded message or robocall on their cellular or landline phones from June 17, 2012, through April 2, 2019, from Rash Curtis, whose phone number was obtained by Rash Curtis through skip tracing, and for whom Rash Curtis has never had a debt-collection account in their name.

If the Court approves the attorneys’ fees and other expenses, Class Members are expected to receive about $82.09 per call, for an average payout of $711.34, according to court documents.

The largest payout — $39,649.47 — is expected to go to an individual Class Member who received 483 calls.

More than 12,000 Class Members are expected to receive payments of more than $1,000: 728 payments between $5,001 and $10,000; 132 payments between $10,001-$20,000, and 11 payments of more than $20,000. 

No claim form is necessary at this time; however, those who wish to object to the settlement must do so by Sept. 10, 2021.

If the Court approves the distribution plan, Class Members will be notified of their options when it comes to obtaining their share of the $75.6 million class action lawsuit settlement.

Did you receive an automated call from Rash Curtis? What do you think of the class action lawsuit settlement? Let us know in the comments below.

The plaintiff is represented by Scott A. Bursor, L. Timothy Fisher, and Yeremey O. Krivoshey of Bursor & Fisher PA.

The Rash Curtis TCPA Class Action Lawsuit is Ignacio Perez, et al. v. Rash Curtis & Associates, Case No. 4:16-cv-03396-YGR, in the U.S. District Court for the Northern District of California.


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116 thoughts onRash Curtis Class Action Lawsuit Settlement Class Members Could Claim Thousands

  1. Theresa Kihn says:

    Add my name please

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