On April 6, 2017, a judge approved a TCPA class action settlement between a group of plaintiffs and two defendants. The class action lawsuit accused North American Bancard LLC and Patriot Payment Group LLC of violating the Telephone Consumer Protection Act (TCPA) by utilizing an automated telephone system to contact consumers. In addition to making unauthorized phone calls, the two defendants allegedly called consumers listed on the National Do Not Call Registry. Passed in 1991 by the United States Congress, the TCPA protects consumers from receiving unwanted faxes, text messages, and telephone calls.
The defendants have agreed to offer cash compensation to eligible class members, as well as change consumer contact practices to abide by the provisions contained within the TCPA. According to class counsel, Patriot Payment and Bancard have set aside nearly $4 million to settle the class action lawsuit. Both defendants have agreed to discontinue using automated telephone systems that project real and/or artificial voices to contact unsuspecting consumers. Bancard and Patriot Payment deny the charges leveled against the companies and the court has not ruled that either company is legally liable for violating the TCPA.
What You Need To Know
Consumers who received telephone calls from Bancard and/or Patriot Payment between February 27, 2011 and April 6, 2017 might be eligible for class action settlement membership. The phone calls must have originated form an automated dialing system that projected a recorded voice. Eligible class members also include consumers who received phone calls from either company, after joining the National Do Not Call Registry. Class members have until July 3, 2017 to contest the agreement or opt out of the class action settlement. The potential award per class member is estimated to be around $50, with the final award per claim dependant on the number of claims filed.
The deadline to file a claim form is July 3, 2017. Class members who received a notice of the settlement by mail use the digits located in the middle section of the notice for the submission of a claim number. Formally called Diana Mey v. Patriot Payment Group LLC and North American Bancard LLC, Case No. 5:15-cv-00027-JPB, in the U.S. District Court for the Northern District of West Virginia, the class action settlement has a final hearing set for July 26, 2017. Class members can find updates for the class action settlement at the website www.PatriotTCPASettlement.com.
Attorneys from Bailey & Glasser LLP, Broderick & Paronich PC, and The Law Office of Matthew P. McCue represent the class counsel. The defense counsel comprises attorneys from the law firms Greenspoon Marder PA and Spilman Thomas &Battle PLLC.
