First Data Merchant Services telemarketing calls $1.6M class action settlement

First Data Merchant Services will pay $1.6 million to resolve claims it placed unsolicited telemarketing robocalls to customers.

The settlement benefits individuals who received a pre-recorded call from First Data Merchant Services in an effort to generate business between March 30, 2016, and March 17, 2022. Calls covered by the settlement may have promoted First Data’s or Sam’s Clubs Merchant Services’ goods or services.

First Data Merchant Services is a payment and financial technology provider that partners with companies to facilitate business. The company merged with Fiserv, another merchant services company, and now does business under the Fiserv name.

According to a class action lawsuit against First Data, the merchant services company violated federal law by placing unsolicited robocalls to consumers who had never given their consent.

Plaintiffs in the case say they received repeated robocalls from First Data. These calls allegedly used prerecorded messages to advertise First Data services and products. Each of the calls were preceded by a “distinctive click and pause,” which the plaintiffs contend are telltale signs of an automatic dialing system.

According to plaintiffs in the robocall class action lawsuit, First Data Merchant Services violated federal law with its phone calls. Specifically, the consumers bring claims under the Telephone Consumer Protection Act (TCPA). The TCPA is a federal law that protects consumers from unsolicited telemarketing calls, texts, and faxes. In order to comply with the TCPA, businesses must get proper express written consent before contacting customers with robocalls or automated messages.

Although First Data Merchant Services contracted with another company to place these calls, the plaintiffs contend that the company is still responsible for TCPA violations since it should have known that its partner was violating federal law.

“First Data and Sam’s Club Merchant Services knew or reasonably should have known that National Payment and One Connect Processing were violating the TCPA on their behalf but failed to take effective steps within their power to force them to cease that conduct,” the TCPA class action lawsuit contends.

First Data Merchant Services hasn’t admitted any wrongdoing but agreed to resolve these TCPA allegations with a $1.6 million class action lawsuit settlement.

Under the terms of the settlement, class members can collect a cash payment. 

Each Class Member can receive an equal share of the net settlement fund after fees and other costs are deducted. Payments will vary depending on the number of claims filed with the deal, but class attorneys estimate payments will be between $25 and $50 per class member.

The deadline for exclusion and objection is July 15, 2022. 

The final approval hearing for the First Data Merchant Services settlement is scheduled for Aug. 25, 2022.

In order to receive a payment from the settlement, class members must submit a valid claim form by July 15, 2022.

Who’s Eligible

The settlement benefits individuals who received a pre-recorded call from First Data Merchant Services in an effort to generate business between March 30, 2016, and March 17, 2022. Calls covered by the settlement may have promoted First Data’s or Sam’s Clubs Merchant Services’ goods or services.

Potential Award

$25 to $50 (Estimated).

Proof of Purchase

Telephone number at which calls and/or texts were received

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

07/15/2022

Case Name

Floyd, et al., v. First Data Merchant Services, LLC, et al., Case No. 5:20-cv-02162-EJD, in the U.S. District Court for the Northern District of California

Final Hearing

08/25/2022

Settlement Website

FirstDataMerchantTCPASettlement.com

Claims Administrator

Floyd, et al. v. First Data
Merchant Services, LLC, et al.
Settlement Administrator
P.O. Box 173071
Milwaukee, WI 53217
info@FirstDataMerchantTCPASettlement.com
877-999-4595

Class Counsel

Edward A Broderick Esq
BRODERICK LAW PC

Matthew P McCue Esq
LAW OFFICES OF MATTHEW P MCCUE

Anthony I Paronich Esq
PARONICH LAW PC

Andrew Heidarpour Esq
HEIDARPOUR LAW FIRM PLLC

Defense Counsel

John W Peterson
POLSINELLI LLP

David S Eisen
Adam Le Berthon
Amy Choe
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP