After recently settingly claims for FDCPA violations, Portfolio Recovery
Associates (PRA) just agreed to settle several other class action lawsuits
based on the TCPA.
The Telephone Consumer Protection Act (TCPA) prohibits companies from calling
individuals without their consent. If a company violates the statute,
the consumer can be awarded between $500 and $1,500 per unwanted telephone call.
Recently, PRA decided to settle a class action lawsuit which alleged that
PRA violated the TCPA by making robocalls to consumers without the consumers’
prior express consent.
The case combined four separate actions against PRA for violations of the
TCPA. PRA will pay $18 million to settle the claims, which will be divided
among the settlement class members. Approximately $5.4 million of that
amount will be for attorneys’ fees and litigation costs for all
plaintiffs, while the rest will go to the class members.
According to the terms of the settlement, PRA has agreed to stop using
its Avaya Proactive Contact Dialer without prior express consent. The
system is the company’s automated telephone dialing software, which
allows PRA to make rapid, uninterrupted phone calls to cellular phones.
Attorneys for the plaintiffs believe that because of the widespread violations
of the federal TCPA law, there may be as many as 7.4 million people affected
by the settlement. If this is in fact the case, and every class member
makes a claim, the settlement could be worth only $1.70 per consumer.
People who were damaged by PRA’s robo-dialing practices do not have
to accept the limits of the class action settlements. Consumers can choose
to opt out of the settlement and pursue their own claims outside of the
class action litigation.
If you believe that PRA or another creditor has been contacting you without
your consent, or continued contacting you after you withdrew your consent,
you may have a TCPA claim. To find out more about your rights and options
under the TCPA, schedule a free consultation with Loan Lawyers today.
Our attorneys will help you decide on the best course of action for your
case, and will help you recover the damages you deserve when debt collectors
violate the law.
To schedule your free consultation, contact us today by calling (888) FIGHT-13