Second Round of Class Settlement Payments Ordered in TCPA Suit
Posted: Thu Dec 26, 2024 5:46 am
On June 12, a Northern District of Illinois judge ordered loan servicer and debt collector Real Time Resolutions, Inc. to distribute $261,815.82 in unclaimed funds to class members, rather than donating the funds to charity as a cy pres award. In doing so, the Court settled a dispute between the parties as to the proper interpretation of their class settlement agreement.
Real Time previously agreed to pay $1.3 million to settle bc data america Telephone Consumer Protection Act claims brought by plaintiff Michelle Lee Tannlund, on behalf of herself and all others similarly situated. In the lawsuit, Tannlund alleged Real Time violated the TCPA by using an automatic telephone dialing system to call her cellular phone, without her express consent, after Real Time began servicing her mortgage in 2011. The Court approved the parties’ settlement agreement on August 23, 2017.
After paying $502,000 in attorneys’ fees, $30,805 in costs and expenses, and a $12,500 incentive award to the Class Representative Plaintiff, almost $755,000 remained to be distributed to 16,485 class members who submitted a timely and valid claim. As a result, each class member received a check for $45.78. However, only approximately sixty-five percent of the class members cashed their check within the allotted 210 days. This created unclaimed funds in the amount of $261,815.82, with the parties disagreeing on how to distribute those funds.
Real Time previously agreed to pay $1.3 million to settle bc data america Telephone Consumer Protection Act claims brought by plaintiff Michelle Lee Tannlund, on behalf of herself and all others similarly situated. In the lawsuit, Tannlund alleged Real Time violated the TCPA by using an automatic telephone dialing system to call her cellular phone, without her express consent, after Real Time began servicing her mortgage in 2011. The Court approved the parties’ settlement agreement on August 23, 2017.
After paying $502,000 in attorneys’ fees, $30,805 in costs and expenses, and a $12,500 incentive award to the Class Representative Plaintiff, almost $755,000 remained to be distributed to 16,485 class members who submitted a timely and valid claim. As a result, each class member received a check for $45.78. However, only approximately sixty-five percent of the class members cashed their check within the allotted 210 days. This created unclaimed funds in the amount of $261,815.82, with the parties disagreeing on how to distribute those funds.