James v. JPMorgan Chase Bank, N.A., 2016 WL 6908118 (M.D. Fla. Nov. 22, 2016)
The parties reached an agreement to settle this matter in the United States District Court for the Middle District of Florida. The settlement called for the creation of a $3.75 million common fund, from which valid claimants received a pro-rata share.
NATURE OF THE SETTLEMENT
Ms. James and Ms. Seniuk filed this lawsuit against JP Morgan Chase Bank, N.A., alleging that Chase violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, when calling consumers on their cellular telephones, via an automatic telephone dialing system, at wrong numbers – in that that the subscriber to the phone number called was different from the party that Chase was trying to reach. Chase denies the allegations. The parties agreed to a settlement.
THE SETTLEMENT CLASS
All persons in the United States who received calls from Chase between January 1, 2014 and March 22, 2016 that:
- were directed to a phone number assigned to a cellular telephone service,
- were wrong number calls – in that the subscriber or customary user of the phone number called was different from the party that Chase was trying to reach,
- were placed using an automatic telephone dialing system, and
- were directed to a phone number associated with a Chase deposit account according to Chase's records.