People who received automated calls on their cell phones in an attempt to collect a debt from Capital One between January 18, 2008 and June 30, 2014, or from Capital Management Systems, LP, Leading Edge Recovery Solutions, LLC, or AllianceOne Receivables Management, Inc. between February 28, 2009 and June 30, 2014, can receive payment through the Capital One TCPA settlement, explains Capital One. Only people who submitted a valid claim form by November 26, 2014 are eligible.
The settlement extends $75,455,098.74 to cover the cost of all claims, including attorney fees, administrative costs and class notices, states Capital One. Settlement payments were mailed August 7, 2015, and people who have not received their checks by October 1, 2015 can request a reissue of the payment.
Plaintiffs claim that Capital One disregarded the Telephone Consumer Protection Act by utilizing pre-recorded messages or an automated telephone dialing system to call cellular phones without the prior consent of the recipients, outlines Capital One. Capital One asserts that they have done nothing wrong and that their actions do not warrant a class action lawsuit. Neither side was favored in this case, as both sides avoided a trial by agreeing to a settlement.
In response to the lawsuit, Capital One agrees to update their practices so that a customer must offer consent prior to the company calling a cellular device, according to Capital One.