A plaintiff filed a class action lawsuit in federal court in Florida on December 31, 2014 alleging that Bank of America, NB Holdings Corporation, and FIA Card Services, N.A. violated the TCPA by placing calls and sending text messages through the use of an ATDS or an artificial or prerecorded voice to cellular telephones belonging to consumers who were not the intended recipients of the calls and texts, and who did not provide prior express consent to receive such calls and text messages.
In an effort to avoid the time and expense of litigation, and through the help of mediation, the parties filed a Settlement Agreement on April 21, 2016. The defendants agreed to put $1,000,000 into a settlement fund, which is non-reversionary. Class Members will receive a check for their equal share of the settlement fund in amounts ranging from $15 to $25 per class member.
Additionally, the Settlement Agreement includes important prospective business practice changes in which the defendants agree to implement enhancements to their servicing systems. The changes are focused on preventing the calling of a cellular phone unless a business record is systemically coded to reflect the called party’s prior express consent.