Examples:

• • Christine Head received over 100 prerecorded calls from Citibank about a credit card she never had, prompting her class action complaint.
  • Robert Newton, who didn’t have a Citi account, got multiple robocalls about someone else’s past-due account, so he sued too.
  • At 500+ unlawful calls, the potential class damages could have exceeded $75M at $1500 per call if Citibank’s defenses failed at trial.
  • Citibank argued some class members were actually its accountholders who consented to debt collection calls in their card terms.
  • The named plaintiffs strongly contest Citibank’s consent defense as inapplicable to noncustomers, emphasizing TCPA’s broad protections.

How the TCPA Works:

• • The TCPA requires prior express consent to make non-emergency robocalls to cellphones, but debt collection calls to noncustomers usually lack consent.
  • Plaintiffs must show Citibank (1) called their cellphone, (2) using an artificial/prerecorded voice, (3) without their prior express consent.
  • Telemarketers have the burden to prove they had consent to robocall consumers, which is harder with noncustomers vs account holders.
  • The TCPA aims to protect consumer privacy from unwanted robocalls, so exceptions are limited and narrowly construed.
  • Statutory damages of $500/violation, $1500 if willful, incentivize TCPA compliance and make large class actions financially feasible.

FAQs:

• • Does the TCPA apply to debt collection robocalls? Yes, it applies to any non-emergency robocalls, including for debt collection, made without the called party’s consent.
  • How do you prove TCPA violations for standing to sue? You need evidence showing the defendant robocalled your cellphone without your permission, causing you actual harm.
  • What if my number was reassigned from a customer to me? Citibank can’t rely on the prior customer’s consent if you are the current subscriber and didn’t consent.
  • Can I recover if Citibank meant to call someone else? Yes, the TCPA imposes strict liability so intent to call you specifically doesn’t matter as long as you meet the elements.
  • Does Citibank have any other defenses besides consent? Possibly, e.g. arguing the dialing system used doesn’t qualify as an autodialer under the TCPA’s definition.

Examples:

• • The non-reversionary settlement fund means Citibank must pay the full $29.5M, unlike some deals where unclaimed funds revert to the defendant.
  • Adding Robert Newton as a class representative bolsters the claims as another noncustomer who received prerecorded calls.
  • If 50,000 class members file claims, each stands to receive around $350 after fees & costs, but $850 each if only 20,000 claims are approved.
  • Courts scrutinize class action fee requests for reasonableness, with the 33% benchmark on the higher end but justifiable in TCPA cases.
  • Incentive awards compensate named plaintiffs for efforts conferring a benefit on class members and comport with precedents in similar cases.

How Settlement Terms Affect Class Member Rights:

• • Check the revised class definition to confirm if calls you received fit the criteria, as it’s more detailed than the initial definition.
  • Submit a timely, valid claim form by the deadline to be eligible for payment, as you must affirmatively opt in to get money.
  • Your individual recovery will depend on the total claims filed, so the fewer participants, the higher each claimant’s pro rata share.
  • Class Counsel’s fees come from the settlement fund and not your pocket, but the % awarded impacts how much is left for class payments.
  • Only the named plaintiffs receive incentive awards, not regular class members, to recognize their added contributions to the case.

FAQs:

• • How will the settlement administrator identify class members? Using Citibank’s call records and reverse lookups to match numbers to class member names & contact info.
  • What if I don’t want to participate in the settlement? You have the right to opt out by the deadline if you want to preserve your claims to sue separately.
  • Can I object to the settlement terms I disagree with? Yes, you may file a written objection with the Court explaining your opposition by the deadline.
  • When will I get my payment if I file a valid claim? Checks will be mailed within 45 days after the settlement receives final approval and any appeals are resolved.
  • What if money is left over after all valid claims are paid? Any remaining funds will be distributed as a cy pres award (a distribution of leftover settlement funds to a charity or cause related to the interests of the class members) to Consumer Federation of America, if approved.

Examples:

• • Judge Silver preliminarily approved the Citibank settlement on 8/7/24, finding it likely met the fairness standard for final approval.
  • Postcard notices mailed to ~ 300,000 potential class members detail their settlement rights & deadlines, supplemented by a case website.
  • Key settlement dates: Notice 9/6/24, Final Approval Briefs 12/16/24, Claims/Opt-Outs/Objections by 12/20/24, Fairness Hearing 1/14/25.
  • Class members may appear at the Final Approval Hearing to have their objections heard, but it’s optional, as timely written objections will still be considered.
  • If the Court grants final approval, the “Effective Date” and claims payments will follow once any appeal period expires or appeals resolve in the settlement’s favor.

How to Get Updates & Participate:

• • Check www.HeadTCPASettlement.com for key dates, important documents, FAQs, and an online claim form you can submit electronically.
  • Make note of the claim filing deadline (12/20/24) and be sure to submit your form online or postmarked by that date to qualify for payment.
  • If you want to opt out or object, familiarize yourself with the requirements and file the appropriate papers with the Court by the deadline.
  • Track the case docket via PACER or the settlement website to follow along with all filings and orders as the approval process progresses.
  • Watch for updates from the settlement administrator via email or mail regarding your claim status, payment timing, and other important messages.

FAQs:

• • What happens at the Final Approval Hearing? The judge hears arguments on the settlement’s fairness, decides whether to approve it, and considers any objections.
  • Can the Court reject or change the settlement? Yes, the Court can deny approval or require changes, but this is rare when experienced counsel support the deal.
  • What if there’s an appeal after final approval? An objector could appeal the approval order, delaying the Effective Date and payouts until it’s resolved.
  • How long after final approval do payments go out? The settlement administrator will mail checks within 45 days of the Effective Date, so factor in time for any appeals.
  • Will the Court grant the maximum attorneys’ fees sought? Not necessarily – courts have discretion to award lower % than requested if deemed unreasonable.

Questions: TCPA Prohibitions & Elements

• • 1. What types of calls does the TCPA regulate?
    • A) Calls to residential landlines
    • B) Calls to cell phones
    • C) Calls to businesses
    • D) All telephone calls
  • 2. The TCPA’s robocall restriction applies specifically to:
    • A) Text messages
    • B) Artificial/prerecorded voice calls
    • C) Manually dialed calls
    • D) Emails
  • 3. Prior express consent required for covered calls is:
    • A) Always required
    • B) Only required for telemarketing
    • C) Not required for political calls
    • D) Not required in emergencies
  • 4. Statutory damages under the TCPA are:
    • A) $100 per call
    • B) $500 per call
    • C) $1,000 per call
    • D) Unlimited actual damages
  • 5. Who bears the burden of proving consent to robocalls?
    • A) The caller
    • B) The called party
    • C) The phone carrier
    • D) Consent is presumed

Answers: TCPA Prohibitions & Elements

• • 1. B) The cell phone provision is a key TCPA privacy protection. Residential calls are regulated separately.
  • 2. B) The robocall rule bans unconsented artificial/prerecorded voice calls to cell phones, but not texts or manual calls.
  • 3. D) Emergency robocalls are exempt from the prior express consent requirement, but non-emergency calls need consent.
  • 4. B) TCPA statutory damages start at $500/violation but can increase to $1500 if the violation was knowing/willful.
  • 5. A) Callers must prove they had the recipient’s consent, as consent is an affirmative defense to a TCPA claim.

Questions: Citibank TCPA Settlement Details

• • 1. What is the Citibank TCPA settlement fund amount?
    • A) $9.5 million
    • B) $19.5 million
    • C) $29.5 million
    • D) $39.5 million
  • 2. Class members must submit _____ to get a settlement payment:
    • A) A claim form
    • B) Phone records
    • C) A written objection
    • D) Prior express consent
  • 3. The Court preliminarily approved the settlement on:
    • A) July 31, 2024
    • B) August 7, 2024
    • C) September 6, 2024
    • D) November 20, 2024
  • 4. How much are the named plaintiffs requesting in incentive awards?
    • A) $5,000 each
    • B) $15,000 total
    • C) $25,000 total
    • D) None
  • 5. When is the deadline for class members to opt out or object?
    • A) September 6, 2024
    • B) October 6, 2024
    • C) December 20, 2024
    • D) January 14, 2025

Answers: Citibank TCPA Settlement Details

• • 1. C) The $29.5M non-reversionary fund is substantial and will be used for class payments, notice, fees, and costs.
  • 2. A) Class members must submit a valid claim form by the deadline to be eligible for payment from the settlement fund.
  • 3. B) 8/7/24 is the preliminary approval date that kicked off the settlement notice and claims process.
  • 4. C) The plaintiffs seek $15K and $10K incentive awards respectively ($25K total) for their service to the class.
  • 5. C) 12/20/24 is the key date for class members to either opt out or object to the proposed settlement terms.