Penn Credit Corp. will pay $4.675 million in a class action lawsuit that will benefit consumers who claim the company left them pre-recorded voicemail messages.
The comparison group consists of all individuals who sent or received a recorded voicemail message from or on behalf of Penn Credit through their mobile phone voicemail service between April 30, 2015, and May 6, 2021, without their consent.
In addition, two subclasses were established.
The Skip Trace subclass consists of consumers who received a recorded voicemail message on their cell phone from or on behalf of Penn Credit between April 30, 2015 and May 6, 2021 in which that cell phone number was obtained using “skip tracing” or similar techniques.
The class members who received email notification of the Penn Credit claim had been called by Penn Credit during the relevant time period and may fall into the above category.
The Non-Skip Trace subclass includes individuals who are in the Settlement class but for whom Penn has not obtained a number through skip tracing or a similar technique. These subclass members are not entitled to compensation and reserve the right to assert our own claims for damages.
A class action lawsuit alleges that voicemails left by Penn Credit or others on Penn's behalf violate federal law. Telephone Consumer Protection Act (TCPA).
Penn Credit Corp. is a non-profit organization that specializes in credit promotion. It was is a debt collection company specializing in debt management, according to the company's website.
Penn Credit denies all allegations of wrongdoing but agreed to the settlement to avoid the risks and costs of litigation.
Skip Trace subclass members who submit valid claim forms will receive a proportionate share of the settlement fund, after deducting attorneys’ fees and other costs.
If more than $50,000 remains in the Fund after all payments are processed, the Settlement Administrator will issue a second round of checks on a pro rata basis to Skip Trace Subclass members who cashed their first round check.
No class member will receive more than the maximum amount that he or she would have received for a single call under the TCPA.
If there is any money left in the fund, the remaining amount will be paid to a charitable foundation agreed upon by the parties involved and approved by the court.
In addition to monetary damages, under the terms of the settlement, all class members will receive injunctive relief related to Penn Credit's business practices. Penn has committed to improving its TCPA compliance procedures over the next 10 years, not leaving pre-recorded messages on cell phones unless the company believes it has consent to do so, and revising its written TCPA procedures and training manuals, to name a few.
A fairness hearing in the Penn Credit class action lawsuit is scheduled for September 20, 2021.
The deadline for exclusion from the settlement or objection to it is July 23, 2021.
Claims must be submitted no later than August 6, 2021.
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