Sam’s Club Merchant Services TCPA Class Action Granted Final Approval: $202.57 to Each Claimant; $500k+ to Class Counsel; NCLC Cy Pres (UGH!)

Its a grumpy owl meme morning, unfortunately.

Quick one for you this AM TCPAWorld (I’m headed to the airport for more depos.)

Court in Floyd v. First Data Merchant Services, 2022 WL 6173122 (N.D. Cal Oct. 7, 2022) just granted final approvals to a TCPA settlement involving Sam’s Club Merchant Services.

Class is defined as:

All persons in the United States to whom a) one or more calls (including text messages) were made; b) to a cellular telephone number; c) that could have promoted First Data or Sam’s Club Merchant Services’ goods or services; d) using a dialing system the same as or similar to that used to call any of Plaintiffs and/or an artificial or prerecorded voice; e) from March 30, 2016 to the date of preliminary approval,. The following are excluded from the Settlement Class: (1) any trial judge and other judicial officers that may preside over this case; (2) the Mediator; (3) Defendants, as well as any parent, subsidiary, affiliate or control person of Defendants, and the officers, directors, agents, servants or employees of Defendants; (4) any of the Released Parties; (5) any Settlement Class Member who has timely submitted a Request for Exclusion by the Opt-Out Deadline; (6) any person who has previously given a valid release of the claims asserted in the Action; (7) Plaintiffs’ Counsel; and (8) persons for whom Defendants have a record demonstrating “prior express written consent” as defined by the TCPA.

Kind of a weird class definition, but I’ll leave that alone.

Settlement was for $1.6MM. Unclear what the claims rate was here but 3,673 made claims–meaning they’ll each collect $202.57.

Class counsel–the Wolf, and others–will recover $533,280.00. 

Unbelievably, however, the NCLC was AGAIN chosen as CY PRES recipient.




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