Navy Federal CU TCPA Class Action Settlement

UPDATE 2:

• Top Class Actions viewers reported this settlement paying out $26.53 as of Aug. 30, 2021.
• Congratulations to everyone who filed a claim and got paid!

UPDATE:

• The Navy Federal Credit Union TCPA Class Action Settlement was granted final approval on Oct. 20, 2020.
• When you receive a check, let Top Class Actions know in the comments section below or on ourFacebook page.

Consumers have secured a $9.25 million settlement in a Navy Federal Credit Union class action lawsuit, ending claims that the company contacted non-members with text message ads in violation of federal law.

Non-credit union members who received a text message from Navy Federal between Sept. 15, 2015 and March 23, 2020 may be able to benefit from the class action settlement. One or more text messages may have been sent. Text messages must not have concerned fraud.

According to the Navy Federal CU TCPA class action lawsuit, non-members potentially received hundreds of unwanted text messages from the financial institution between 2015 and 2020.

Lead plaintiff Ben Harkins alleged that he received hundreds of these text messages in a complaint filed against the credit union in September 2019. Not only were these messages aggravating and an inconvenience, claims the plaintiff, they were also sent by Navy Federal CU in violation of a federal consumer protection law called the Telephone Consumer Protection Act (TCPA).

Under the TCPA, advertisers are limited in the types of telemarketing they can use. A central function of the law is to require companies to obtain the express, written consent of consumers to receive telemarketing messages prior to bombarding them with the advertisements.

The Navy Federal class action lawsuit contended that the credit union failed to obtain consumer consent before sending the ads to consumers’ cell phones.

The TCPA, enacted in 1991 before text messaging became ubiquitous in modern society, was later expanded to include text message advertisements. In addition, the law limits the use of automatic dialing systems and prerecorded messages, often deemed robocalls. Further, the TCPA set up the Do Not Call registry that allows consumers to list their phone number as one telemarketers cannot use to send or call with advertising messages.

In fact, the TCPA can impose steep fines of up to $1,500 per message or call that violates the statute; however, consumers must come forward to allege the violation. Despite these restrictions under the TCPA, Navy Federal CU allegedly violated the law repeatedly over the years.

Though the credit union admits no wrongdoing, it has agreed to pay $9.25 million as a part of the Navy Federal CU TCPA class action settlement to end the allegations. The parties reportedly began negotiating the settlement in November 2019 and filed the agreement with the court on March 12, 2020.

Under the terms of the settlement, Class Members can claim a portion of the settlement award. Each Class Member’s award depends on the total number of Class Members who submit valid and timely claims. According to the settlement website, the lawyer representing Class Members estimates that each award will be more than $100.

According to class action settlement documents, Navy Federal has records of some of the cell phone numbers it used to send the text messages, but these records are incomplete. Class Members who can be identified from these records will be contacted; however, other Class Members may not.

Under the terms of the class action settlement, Class Members who can submit proof that they received a spam text message from Navy Federal CU will receive an additional “Claim Credit” for each text message they have proof they received. Proof can include a screen shot of the text message, text records or other documents that show a spam text message from Navy Federal CU was received.

Class Members can also submit a “Basic Claim” without proof that they received one of text messages.

Claim forms can be submitted online or by mail. The deadline to submit a claim is Sept. 7, 2020. Class Members who wish to exclude themselves from or object to the Navy Federal CU TCPA class action settlement is Aug. 7, 2020. The final hearing is Oct. 9, 2020.

Who’s Eligible

Non-credit union members who received a text message from Navy Federal between Sept. 15, 2015 and March 23, 2020. Text messages must not have concerned fraud.

Potential Award

$100+ (estimate).

Proof of Purchase

Proof of receipt of a text message from Navy Federal CU is not required; however, Class Members who can provide documentation, including a screenshot of the text message or text message records, may be entitled to an additional Claim Credit.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

9/7/2020

Case Name

Hawkins v. Navy Federal Credit Union, Case No. 1:19-cv-01186, in the U.S. District Court for the Eastern District of Virginia

Final Hearing

10/20/2020   UPDATED

Settlement Website

NFCUTextSettlement.com

Claims Administrator

Hawkins v. Navy Federal Credit Union Settlement Administrator
c/o KCC Class Action Services
P.O. Box 43405
Providence, RI 02940-3405
1-844-225-4528
admin@NFCUTextSettlement.com

Class Counsel

Alexander H. Burke
BURKE LAW OFFICES LLC

Jeffrey S. Goldenberg
GOLDENBERG SCHNEIDER LPA

Joseph M. Lyon
THE LYON FIRM PC

Defense Counsel

Alan E. Schoenfeld
WILMER CUTLER PICKERING HALE AND DORR LLP

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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.

GET A FREE CASE EVALUATION NOW