Capital One Agrees to Largest-Ever TCPA Class Action Settlement

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July 22, 2014

Capital One and several other collection agencies have agreed to settle class claims that they "called individuals on their mobile devices without their consent" in violation of the Telephone Consumer Protection Act (TCPA), reports BloombergBNA. The settlement, of more than $75 million, was filed July 14 in U.S. District Court for the Northern District of Illinois.

The proposed no-fault pact would require Capital One Bank (USA) NA, Capital One NA, Capital One Financial Corp., Capital One Services LLC, Capital One Services II LLC — along with three other defendants—to pay the “largest settlement cash sum—by far—in the 22-year history of the TCPA — $75,455,098.74 — into a settlement fund,” the plaintiffs said in their amended memorandum in support of the motion for preliminary approval of the settlement.

In addition, “Capital One has developed and implemented significant enhancements to its calling systems designed to prevent the calling of a cellular telephone with an autodialer unless the recipient of the call has provided prior express consent,” the proposed agreement said.

Under the settlement, Capital One would contribute $73 million to the $75 million settlement fund, Leading Edge Recovery Solutions LLC would contribute $996,205.71, Capital Management Systems LP would contribute $24,220.08 and AllianceOne Receivables Management Inc. would contribute $1,434,672.95.

View the full settlement here.

07/22/2014