A settlement has been reached with Cavalry Portfolio Services, LLC ("Cavalry") in two class action lawsuits. Plaintiffs allege in the lawsuits that Cavalry is liable under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq ("TCPA"), for calls it made to cell phone numbers while attempting to collect debts using what Plaintiffs contend are automatic telephone dialing systems, the Aspect Ensemble Pro system, or the Avaya Proactive Contact 5,0 system, without consent. Cavalry denies that it violated the TCPA and specifically denies that it used an automatic telephone dialing system to call any class member without prior express consent.
What does the Settlement provide?
Cavalry has agreed to establish a Debt Relief Fund of up to $18,000,000, and to establish a Cash Fund of $6,150,000. If you have an Open Account with Cavalry, you can claim a pro rata share of debt relief of up to $599 or claim a pro rata share from the Cash Fund. You can claim debt relief or cash but not both. If you have a Closed Account with Cavalry, you can claim a pro rata share from the Cash Fund but not debt relief. The Cash Fund will also be used to pay Class Counsel’s attorneys’ fees and costs, pay incentive awards to the Class Representatives, and pay costs and expenses of settlement administration. Any remaining monies from uncashed checks may be redistributed in one further distribution to valid claimants. However, if a further distribution would be administratively infeasible (e.g., less than $1 per qualifying claimant), the remaining monies will instead be donated to a not-for-profit public interest organization, The Jump$tart Coalition for Personal Financial Literacy.
Am I a Class Member?
You are in the Settlement Class if you were called by Cavalry on a cell phone while it was attempting to collect using the Aspect Ensemble Pro or the Avaya Proactive Contact 5.0 dialing systems between February 8, 2009 and January 26, 2016. Excluded from the Class are individuals who are not or were not regular users or subscribers of cell phones associated with the 1,035,232 Open and Closed Accounts, are officers or directors of Cavalry or of any Cavalry affiliate, any justice, judge, or magistrate judge of the United States or any State, their spouses, and persons within the third degree of relationship to either of them, or the spouses of such persons, and all persons who validly exclude themselves or opt out of the Settlement Class.