Hi, TCPAWorld! Kelly Sandberg here, with a TCPA class settlement awarding an astounding $500 to $1,000 in damages for each participating class member.
In Jenae Knox v. Maximus Educ., LLC, dba Aidvantage, Plaintiff Jenae Knox brought action against Defendants alleging violations of the Telephone Consumer Protection Act (“TCPA”). Jenae Knox v. Maximus Educ., LLC, dba Aidvantage, No. 2:25-CV-00121-BL-JTA, 2026 WL 3077005 (M.D. Ala. Oct. 13, 2026).
The Court certified the action on behalf of the class members for settlement purposes, and Aaron D. Radbil of Greenwald Davidson Radbil PLLC (“GDR”), was certified as class counsel. In case the last name Greenwald rings a bell, Mike Greenwald of GDR is known to be the number one TCPA plaintiff’s lawyer.
Aidvantage’s counsel consisted of attorneys from Husch Blackwell, LLP and Burr & Forman, LLP. For reference, these firms have undertaken at least 100 TCPA cases together – so they aren’t exactly inexperienced.
The Court granted Plaintiff’s motion for final certification of the settlement class under Federal Rule of Civil Procedure 23(b)(3), finding that the proposed settlement was fundamentally fair, reasonable, adequate, and in the best interests of the settlement class members.
The Court provided that Plaintiff had negotiated a settlement that was considered to be favorable in comparison to other TCPA class action settlements. Specifically, each claimant’s receipt of the settlement exceeded other TCPA settlements by more than $1,000.
Interestingly, GDR was noted to be “highly experienced in class action litigation, particularly in cases under the TCPA.” It appears that perhaps defense counsel was not.
Plaintiff’s unopposed motion for preliminary approval of class action settlement provided that after deducting fees and costs, each participating settlement class members who submit an approved claim would receive between $500 and $1,000.
Aidvantage’s counsel responded to the complaint by filing an answer, and the case almost immediately moved to settlement discussions without further significant filings.
The complaint provided a singular cause of action under the TCPA, a prerecorded or artificial voice claim under section 227(b)(1)(A)(iii).
If you have been keeping up with court’s assessments of the TCPA the last several years, you may have understood why Aidvantage did not argue that an exception applied to this specific claim. Previously, this section of the statute had contained an exception for calls made solely for the purpose of collecting a debt owed or guaranteed by the United States.
However, in 2020 the Supreme Court severed this exception from the statute, finding that it was an impermissible content-based restriction under the First Amendment. Barr v. Am. Ass’n of Pol. Consultants, Inc., 591 U.S. 610 (2020).
For those of you who are blessed enough to not know what Aidvantage is, they are the official U.S. Department of Education federal student servicer that manages the billing, repayment plans, and customer support for federal student loans.
The calls made to Plaintiff’s cell phone could potentially have been argued to fall under the exception based on the nature of Aidvantage’s business, if this case had been prior to the ruling of Barr. The voice messages allegedly left by Aidvantage provided:
“We have important information regarding your Department of Education loan serviced by Aidvantage. Please call us toll-free at your earliest convenience at 1 800-722-1300, Monday 8:00 am to 9:00 pm, Tuesday and Wednesday 8:00 am to 8:00 pm, or Thursday and Friday 8:00 am to 6:00 pm Eastern. You can also obtain information and manage your account online at aidvantage.studentaid.gov. Thank you from Aidvantage Department of Education loan services.”
Despite the lack of what could have been a potentially applicable exception for Aidvantage, I was surprised to see the immediate highway run to settlement without further pushback from Aidvantage’s counsel. Considering the extremely favorable settlement amounts to be provided to the class members, it may have been beneficial in the long run.