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Welcome to the Settlement website for the Collecto, Inc. TCPA Litigation, Case No. 14-md-2513-RGS.  This website has been established to provide general information about the Settlement.  The capitalized terms used on this website, and not defined herein, shall have the same meanings ascribed to them in the Settlement Agreement (“Settlement Agreement”).

 

Background of the Litigation

On July 16, 2013, John Lofton filed a class action against Collecto, Inc. alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. On July 23, 2013, Ralph and Richard Davenport filed a similar TCPA class action against Collecto. Then on August 13, 2013, Robert Pegg filed a similar TCPA class action against Collecto. Plaintiff Lofton filed a motion to transfer and consolidate with the Judicial Panel on Multidistrict Litigation which was granted by the JPML. The actions were then assigned to the Hon. Richard G. Stearns in February 2014. With an Order entered February 20, 2014, Judge Stearns coordinated these actions for pretrial purposes under the caption In re: Collecto, Inc., Telephone Consumer Protection Act (TCPA) Litigation.

This case arises out of calls by Collecto to Pegg, Lofton, the Davenports and other cellular telephone users in the course of attempting to collect debts owed to others. Representative Plaintiffs allege that Collecto made these calls using “automatic telephone dialing systems,” as defined under 47 U.S.C. § 227 (“TCPA”).  Plaintiffs further allege that instead of calling debtors who owed money to creditors for whom Collecto sought to collect, Collecto called the wrong numbers and dialed the cellular telephones of Plaintiffs and putative class members, all of whom are individuals who did not have an agreement with a creditor for whom Collecto sought to collect. All of these wrong number calls occurred between July 23, 2009 and June 30, 2014.

Defendant denies all material allegations of the Complaint.  Defendant specifically disputes and denies that it used an automated dialer or prerecorded voice message to contact Plaintiffs or class members without prior consent, that it violated the TCPA, or that Plaintiff and class members are entitled to any relief from Defendant.

Defendant further denies that Plaintiffs’ claims are amenable to class certification if class certification were sought by Plaintiffs and opposed by Defendant.  Nevertheless, given the risks, uncertainties, burden and expense of continued litigation, Defendant has agreed to settle this litigation on the terms set forth in this Settlement Agreement, subject to approval by the Court.

 

The Settlement

The Parties have reached an agreement to settle the lawsuit and the Court has preliminary approved the terms of the settlement.  The Final Fairness Hearing will be held on January 17, 2018 at 2:00 pm at the United States District Court, District of Massachusetts, 1 Courthouse Way, Boston, MA 02210 before the Hon. Richard G. Stearns.

 

Further Information

If you have further questions after reviewing the other material on this website, please call (855) 309-1484  or send an email to claims@ilymgroupclassaction.com.  Please do not contact Collecto, Inc. (EOS CCA) or the Court with questions about the settlement.