Who is a Class Member
There are two classes included in the Progressive Management Systems Medical Debt TCPA Settlement:
- Injunctive Settlement Class: “All individuals called by PMS on their cellular telephones from January 25, 2012 through October 16, 2017.”
- Damages Settlement Subclass: “All individuals in the United States who:
- (1) received one or more calls from R.M. Galicia dba Progressive Management Systems
- (2) placed by LiveVox or TCN and/or featuring a prerecorded or artificial voice messages
- (3) on his or her cellular telephone number
- (4) was not listed in the patient or guarantor fields on the account in which calls were placed
- (5) from January 25, 2012 through October 16, 2017; and
- (6) whose telephone numbers are identified in the Damages Class List.”
Damages Subclass Members should have received a postcard summary of the notice in the mail. If you have any questions about which class you are a member of, contact the settlement administrator.
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
Settlement Amount
- $1,500,000.00
Estimated Award
- Between $24 and $292.42
Approved claims for the Damages Subclass will be paid on a pro rata basis from the amount remaining in the settlement fund after payment of settlement costs. According to the Preliminary Approval Order, Class Counsel estimated Class member will receive between $24 and $292.42, depending on the number of valid and timely claims submitted.
Proof of Purchase
- To qualify for payment under the Damages Subclass, claimants must provide the following information:
- Name
- Cell phone number at which you received the call(s) from PMS
- Current telephone number, email address, and mailing address
- Sworn statement that you received one or more calls from, or on behalf of, PMS at the numbers you identified
Claim Form
Progressive Management Systems Medical Debt TCPA Settlement Notes
- Belinda Gutierrez-Rodriguez, et al. v. R.M. Galicia, Inc. dba Progressive Management Systems
- Case No. 3:16-cv-00182
- Pending in the U.S. District Court for the Southern District of California
In January 2016, plaintiff Belinda Gutierrez-Rodriguez initiated this class action lawsuit alleging Progressive Management Systems violated the Telephone Consumer Protection Act (TCPA) by calling customers on their cell phones using an automatic telephone dialing system and prerecorded voice messages without their prior express consent.
Specifically Gutierrez-Rodriguez claims that she received class from Progressive Management Systems regarding collection of a medical debt between March 5, 2015 and June 17, 2015 that she reportedly did not owe. She stated that she never provided her cell phone number to PMS or gave consent to call her cell phone via an autodialer or prerecorded voice messaging system.
Passed in 1991, the TCPA restricts the use of automatic telephone dialing systems (autodialers) andprerecorded voice messages. In 2012, the law was amended to require businesses to obtain prior express written consent and to also provide an automated “opt-out” selection during a robocall so consumers can tell business, including debt collectors, to stop calling
Progressive Management Systems denies any wrongdoing, denies that it violated the TCPA, and specifically denies that it used an automatic telephone dialing system or an artificial or prerecorded voice to make calls without prior express consent. The Progressive Management Systems Medical Debt TCPA Settlement was granted preliminarily approval on October 16, 2017.
The FAQ section on the settlement website further summarizes the terms of the settlement and how Class Members can file a claim. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Progressive Management Systems Medical Debt TCPA Settlement website.
Class members who wish to exclude themselves or object to the terms of the Progressive Management Systems Medical Debt TCPA Settlement must do so by January 29, 2018. Class members who wish to submit a claim for payment must do so by January 29, 2018.
Important Dates
- 1/29/18: Claim Filing Deadline
- 1/29/18: Objection or Exclusion Deadline
- 3/19/18: Final Approval Hearing at 10:30 am PT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check medicaldebttcpa.com to confirm that the date or time of the Hearing has not been changed.
Contact Information
- Mail: Claims Administrator, c/o Rust Consulting, PO Box 2614, Faribault, MN 55021-9614
- Phone: 1-877-872-3694
Class Counsel
- Ronald A. Marron, Alexis M. Wood, and Kas L. Gallucci of The Law Offices of Ronald A. Marron
Settlement Website