$11M Settlement in TCPA Case Against Lexington Law Receives Preliminary Approval

An $11 million settlement has been preliminarily approved by a District Court judge in Florida related to a Telephone Consumer Protection Act case that was brought against John C. Heath Attorney At Law, PLLC, more commonly known as Lexington Law Firm.

A copy of the recommendation can be accessed by clicking here.

The defendant was sued for allegedly sending unauthorized text messages to the plaintiffs without first receiving the proper consent, according to the complaint that was filed in the District Court for the Southern District of Florida.

The plaintiff, who said he never provided consent to be contacted on his cell phone via an automated telephone dialing system, received a number of text messages offering copies of the plaintiff’s credit report and a $50 discount on a “credit summary report,” according to screenshots of the plaintiff’s phone that were included in the complaint.

The settlement class includes approximately 1.9 million individuals, according to the report and recommendation that was filed last week seeking to approve the settlement. Class members who opt in to participate in the settlement will receive $6.15 each, according to the settlement documents.

As well, as part of the settlement, the defendants “will institute policies and procedures to ensure it complies with the TCPA, including, but not limited to, policies and procedures to ensure that Lexington obtains adequate and proper consent from individuals before placing calls or text messages to those individuals using an automatic telephone dialing system.”

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