Lofton v. Verizon Wireless Settlement Website

The information contained on this website is only a summary. You may download a full copy of the Notice by clicking here or you may call the Verizon Wireless Settlement Helpline at 866-540-4949 to request a copy of the Notice by mail.

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There is a proposed Settlement of claims against Verizon Wireless (VAW) LLC (“Verizon”). The Settlement would resolve a lawsuit in which the Plaintiff, John Lofton, alleges that Defendant Verizon (1) violated the Telephone Consumer Protection Act (“TCPA”) (47 U.S.C. § 227), when its debt collector, Collecto, Inc. (“Collecto”) called cellular telephones with an autodialer without authorization, and (2) violated the California Invasion of Privacy Act (“IPA”) (Cal. Pen. Code § 632.7) when Collecto recorded calls to cellular telephone users in California without authorization. Verizon denies the claims. The Court has not decided who is right. Instead, the parties have agreed to settle the case.

You are included in the Settlement if you are a member of the “IPA Class” and/or the “TCPA Class,” defined as follows:

o The TCPA Class includes all natural persons residing in the United States who, between June 14, 2008 and the date on which Notice is completed, received one or more telephone calls to their cellular telephone number from a representative of Collecto in its capacity as a third-party vendor engaged by Verizon to collect Pre-Writeoff Debts. The TCPA Class excludes any person which Verizon’s records identify as a current or past Verizon subscriber.

o The IPA Class includes all California residents who, between September 10, 2010 and the date on which Notice is completed, and while located within the state of California, received on their cellular telephone one or more telephone calls from Collecto in its capacity as a third-party vendor engaged by Verizon to collect Pre-Writeoff Debts, where the call was answered by the recipient. The IPA Class excludes any person which Verizon’s records identify as a current or past Verizon subscriber.

The term “Pre-Writeoff Debts” means outstanding debts on Verizon accounts that had not yet been written off by Verizon and had not been reported to a credit bureau at the time of the call. In calls to collect Pre-Writeoff Debts, representatives of Collecto, in its capacity as a third-party vendor engaged by Verizon, identified themselves as representatives of Verizon.

If you received a notice in the mail, the parties identified you through call data they obtained from Collecto.

If you are included in the IPA Class and/or TCPA Class and you submit a Claims Form by May 4, 2016, you may qualify for a cash payment from the $4 million cash settlement fund.

Your legal rights are affected whether you act or do not act. Please read the complete notice carefully.

Your Legal Rights and Options in this Settlement:
SUBMIT A CLAIM FORM Deadline: May 4, 2016	You must submit a Claims Form to qualify for a cash payment. For further information about how to submit a claim form, please refer to Question No. 8 in the Notice.
EXCLUDE YOURSELF Deadline: May 4, 2016	Excluding yourself from the Settlement is the only option that allows you to ever be part of another lawsuit against Verizon and related parties about the legal claims resolved by this Settlement. If you exclude yourself from this Settlement, then you will not be able to obtain any of the benefits that it provides. For further information about how to exclude yourself, please refer to Question Nos. 12-14 in the Notice.
OBJECT Deadline: May 4, 2016	You can object to the Settlement by writing to the Court about why you do not like the Settlement. For further information about how to object, please refer to Question No. 15 in the Notice.
ATTEND THE HEARING Deadline: May 4, 2016 (deadline to note your intent to appear at hearing in your written objection)	You can ask to speak to the Court about the fairness of the Settlement. For further information about how to do this, please refer to Question Nos. 19-21 in the Notice.
DO NOTHING	If you do nothing, you will give up your right to ever be part of another lawsuit against Verizon and related parties about the legal claims resolved by this Settlement. If you do not submit a Claims Form, then you will not receive any benefits from this Settlement. For further information, please refer to Question No. 22 in the Notice.

These rights and options—and the deadlines to exercise them—are explained in the Notice.

The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after appeals, if any, are resolved.

NOTE: Until the Court makes a final decision about whether the Settlement should be approved, you cannot file a lawsuit against Verizon and related parties that relates to the Released Claims described in Question No. 11 in the Notice.

If you have questions, you may call the Verizon Settlement Helpline at 866-540-4949 or email info@DebtCollectionSettlement.com.