Markos v. Wells Fargo Bank, N.A., 2016 WL 4708028 (N.D. Ga. Sept. 7, 2016)
A lawsuit is currently pending claiming that Wells Fargo Bank, N.A., (“Defendant” or “Wells Fargo”), violated the Telephone Consumer Protection Act by calling, or sending non-emergency texts to, cellphones without prior express consent.
The lawsuit claims Wells Fargo used an automatic telephone dialing system or artificial or prerecorded voice technology to make or initiate calls in connection with either a residential mortgage loan (“Subclass One”) and/or a home equity loan (“Subclass Two”) during the Class Period, which is November 17, 2011 to February 29, 2016 for Subclass One and April 14, 2011 to February 29, 2016 for Subclass Two. Wells Fargo denies that it broke the law and denies doing anything wrong.
Under the Settlement, which must be approved by the Court, each Class Member who submits a valid and timely Settlement Claim will receive a cash award. Class Counsel estimates that the amount of the cash award (while dependent upon the number of claims) may range from $25 to $75.
Class Members have four options:
(1) Submit a Claim to the Settlement Administrator to request a share of the Settlement Fund of $16,417,496.70 by December 22, 2016. If the settlement is approved, you will be bound by the Court’s decisions in the lawsuit. You will not have the right to sue separately about the issues in the lawsuit. You can make a claim by: 1) calling 1-866-562-0143; 2) filing online at www.MarkosWellsFargoTCPA.com; or 3) mailing a completed Claim Form downloaded from the Settlement website to the address of the Settlement Administrator shown below.
(2) Remain a Class Member but object to the Settlement. Your objection and any documents that you wish for the Court to consider must be sent to Class Counsel, defense counsel, and the Court and be postmarked no later than November 22, 2016. You may choose to pay for and be represented by a lawyer who may send the objection for you. See the website for additional requirements if you intend to appear at the hearing.
(3) Exclude yourself from the Settlement by mailing a request form to the Settlement Administrator (not the Court) by November 22, 2016 that includes your name, address, and telephone number, and state that you want to be excluded from the settlement.
(4) Do Nothing. If you do nothing, you will remain part of the Settlement Class and will release your claims against the released parties, but you will not receive any money from this settlement.
The Court has appointed lawyers to represent Class Members. Lieff Cabraser Heimann & Bernstein, LLP and Burke Law Offices, LLC have been appointed co-lead counsel, and Meyer Wilson Co., LPA; Skaar & Feagle, LLP; Greenwald Davidson Radbil PLLC; Keogh Law Ltd.; Kazerouni Law Group, APC; Law Offices of Douglas J. Campion, APC; and Hyde & Swigart have been designated as additional class counsel. The lawyers will be paid from the Settlement Fund. You may enter an appearance through your own attorney if you so desire.
The U.S. District Court, Northern District of Georgia, located in Courtroom 2107, United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303, will conduct a hearing on whether to give final approval to the Settlement, and if so, will determine what fees and expenses should be awarded to Class Counsel and whether incentive payments should be awarded to the Class Representatives who brought this action. The hearing is presently scheduled for January 17, 2017 at 9:00 am, but may be changed without notice.
This is only a summary. For more information, visit: www.MarkosWellsFargoTCPA.com, call: 1-866-562-0143, or write: Markos Wells Fargo TCPA Settlement Claims Administrator, c/o GCG, P.O. Box 10301, Dublin, OH 43017-5901.
Para ver este aviso en español, visite www.MarkosWellsFargoTCPA.com.