If approved, the deal would compensate 3.38 million proposed class members who allegedly received collection calls to their cell phones regarding a retail installment sale contract from Wells Fargo. The calls were made, the suit claims, using an auto dialer, between April 2011 to March 2016.
The settlement amount per class member would be $4.65 each, according to the settlement motion. The lead plaintiff is seeking an incentive award not exceeding $20,000, attorneys’ fees that would be capped at 30 percent of the settlement fund.
According to the suit, Frederick Luster claims Wells Fargo made autodialed calls to his phone number for the past four years in an attempt to collect debts apparently owed by two people he didn’t know. Luster states that at no time did he give permission to Wells Fargo to call his cellphone. However, Wells Fargo made the calls despite being aware that they were violating the TCPA.
“The telephone calls were intentionally, willfully and knowingly initiated,” the complaint states. “The telephone calls were not initiated by accident or mistake.” According to the settlement motion, Wells Fargo maintains that it had prior express consent to call the members of the proposed class.
The case is Luster v. Wells Fargo Dealer Services Inc., case number 1:15-cv-01058, in the U.S. District Court for the Northern District of Georgia.