Plaintiffs’ Lawyers Win Big TCPA Settlement; Plaintiffs, Not So Much

Comenity Bank’s proposed $8.5 million settlement over alleged TCPA violations was approved by a California federal judge on Thursday.

The settlement class of more than 4 million people alleged to have received unwanted calls from the bank to their cellphones over a four-year period.

With $2 million of the settlement going to pay attorneys’ fees and a stipulation limiting class members’ claims to just one call per cellphone number, the allocation of the settlement breaks down to somewhere between 98 cents to $32 per claimant.

“’Although the TCPA provides for statutory damages of $500 for each negligent violation and $1,500 for each willful violation, it is well-settled that a proposed settlement may be acceptable even though it amounts to only a small percentage of the potential recovery that might be available to the class members at trial,’ the settlement motion said.”

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