Joanna Szabo  |  December 7, 2019

Category: Legal News

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Red phone with no robocall sticky note

A group of mortgage borrowers came together to file a proposed class action robocall lawsuit, alleging that three banks are responsible for the illegal robocalls they’ve received over mortgage payments. The plaintiffs alleged that the calls violated the TCPA (Telephone Consumer Protection Act).

Now, the proposed consumer class has asked an Illinois federal judge to approve settlements with two of these three banks.

The robocall lawsuit was filed back in December 2016, alleging that Deutsche Bank National Trust Co., Wilmington Trust NA, and Citibank NA hired the company Ocwen Loan Servicing, which then used robocalls to collect those loans from the members of the proposed class.

Previously, the consumers had filed a robocall lawsuit against Ocwen specifically over these TCPA claims, and reached a settlement agreement in 2017. However, the court had refused to add the banks as defendants in that case, so the consumers came forward with a separate proposed class action naming the three banks specifically as defendants.

The two settlement agreements have been made with Deutsche and Wilmington with $2,541,390 agreed upon with the former and $185,270 with the latter, for a total of about $2.7 million.

If the settlement is approved, eligible Class Members are expected to receive about $25 from the settlement with Deutsche and $30 from the deal with Wilmington. Citibank was dismissed from the lawsuit just one month after it was originally filed.

The settlement agreement would bring to an end nearly three years of litigation. Class counsel is set to receive an award of about 33 percent of each settlement amount.

The mortgage borrowers have requested approval for these settlement agreements, and also asked that the court certify their proposed class, saying that the federal requirements for a class action were all there, including typicality of claims, adequate counsel, and a large enough group of prospective class members.

“Plaintiff’s counsel believe the settlement is fair, reasonable, adequate, and in the best interest of the Settlement Class as a whole,” state the mortgage borrowers, according to Law360. “Plaintiff’s counsel negotiated the settlement with the benefit of many years of prior experience and a solid understanding of the facts and law of this case.”

Filing a Robocall Lawsuit

Consumers in the U.S. are facing a rising tide of spam calls and texts, as well as robocalls, and the Telephone Consumer Protection Act (TCPA) is meant to help fight back against that tide.

The TCPA was introduced back in 1991 to protect consumers from unwanted solicitation using technology. Though technology has shifted dramatically in the last three decades, so too has the TCPA grown to encompass new technologies and telemarketing methods as they emerge.

If you have been hit with robocalls or other TCPA violations, you may be able to file a TCPA lawsuit and pursue compensation.

Pursuing litigation can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The Robocall Lawsuit is Case No. 1:16-cv-11675, in the U.S. District Court for the Northern District of Illinois.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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This article is not legal advice. It is presented
for informational purposes only.

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5 thoughts onMortgage Borrowers Ask Judge to Approve $2.7 Million Robocall Lawsuit Deal

  1. Thomas Coleman says:

    Add me

  2. Rhonda Rogers says:

    Add me

  3. Kimberly Glenn says:

    Add me

  4. Janeth Campos says:

    Add me please

  5. Yvonne Pullum says:

    Add me, I was refinancing and I got too many calls. I was refinancing for a lower interest rate and ever company found out and call me.

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