Who qualifies: Consumers qualify for class action resolution if they received unsolicited calls from collection agency Rash Curtis and Associates between June 17, 2012 and April 2, 2019. These consumers are divided into subclasses based on whether they received calls on a mobile or landline. whether their numbers were obtained through skip tracing, or whether they never had a collection account with the company in their name.
Possible award: Varies
Required proof of purchase: Unique ID and PIN code. W-9 required for payments over $600.
Claim period: 06/02/2022
A class action lawsuit against Rash Curtis has resulted in a $75.6 million settlement over allegations the company violated the Telephone Consumer Protection Act (TCPA) when calling from the wrong number.
Generally, consumers qualify for the class action if they received unsolicited calls from Rash Curtis between June 17, 2012 and April 2, 2019, numbers were obtained through skip tracing, or if they never had a collections account with Rash Curtis in their name .
Rash Curtis and associates is a collection agency specializing in revenue recovery for healthcare providers, private businesses and government agencies. According to the company’s website, the collector manages over $130 million in placements each year.
However, Rash Curtis is said to have violated federal law in pursuing debt collections.
Plaintiffs filed their class action lawsuit in 2016, alleging that the company used an autodialer to make an excessive number of pre-recorded calls to the wrong number without consent. A plaintiff allegedly received 45 calls from Rash Curtis despite not providing her consent.
Plaintiffs allege that those calls violated the TCPA, a federal law that protects consumers from unwanted robocalls. Companies like Rash Curtis must obtain express, written consent before making automated calls using an autodialer or other telemarketing technology. Failure to comply with this law can result in penalties of up to $1,500 per violation.
In May 2019, following a trial for TCPA violations, a jury found the company liable and ordered the company to pay over $250 million.
Plaintiffs have agreed not to enforce this judgment in exchange for the assignment of rights by Rash Curtis against his Indian Harbor insurance company. Plaintiffs filed a bad faith lawsuit against Indian Harbor and secured $75.6 million. These funds are now used to fund payments to group members.
Under the terms of the Rash Curtis Debt Collection Calls Settlement, class members may be eligible to receive hundreds or even thousands of dollars.
According to the fund’s website, each call from Rash Curtis qualifies for at least $86.82. On average, each class member is reportedly paid over $700 based on the number of calls received.
Higher payments are estimated for class members who have received numerous calls from Rash Curtis.
Over 12,000 class members are expected to receive over $700, while hundreds of other class members could be eligible for payments ranging from $5,000 to $40,000.
According to the Settlement Administrator, a second distribution is planned for any unclaimed funds from the first payment round. Group members who cash their checks or process electronic payments and submit the required W-9 forms may qualify for this significant second distribution.
To receive class action payment, group members must submit a valid claim form by June 2, 2022.