In a settlement that was first announced by TCPAWorld.com, a judge has signed off on a settlement in a wrong-number Telephone Consumer Protection Act case that will see the defendant pay $1.95 million.
A copy of the final approval in the case of Miles v. Medicredit can be accessed by clicking here.
The plaintiff received at least six calls on his cell phone from the defendant that were intended for someone named “Amy.” The defendant also allegedly left prerecorded messages on the plaintiff’s cell phone looking for Amy. On one of the calls, the plaintiff answered the phone, and after a short delay, was connected to a representative of the defendant. The plaintiff allegedly told the representative that it had the wrong number, but the defendant made more calls after the conversation.
The plaintiff accused the defendant of violating Section 227(b)(1)(A)(iii) of the TCPA by using an artificial or prerecorded voice when it placed calls to the plaintiff’s cell phone, without his consent.
The members of the class are:
All persons in the United States who (a) received a call from Medicredit, Inc. between December 16, 2017 and July 7, 2022 on their cellular telephone, (b) with an artificial or prerecorded voice, (c) for which Medicredit Inc.’s records contain a ‘WN’ designation and an ‘MC’ and/or ‘MD’ notation.
As noted by TCPAWorld in its report, the defendant’s attempts to track wrong numbers was used against it to create the class, by seeking out calls that were identified with WN designations.
The defendant denied all liability alleged in the lawsuit.
The plaintiff’s counsel will receive $650,000. The class members will split the remaining amount. How much each person receives will depend on how many members submitted a valid claim form.