Who is a Class Member
You are included in the the Sekure Merchant Solutions TCPA class action settlement “if, from July 26, 2013 through February 1, 2018, Sekure Merchant Solutions called you on a cellular telephone using an automatic telephone dialing system or prerecorded voice.”
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
Your share of the settlement will depend on the number of valid claim forms that Settlement Class Members submit. Class Counsel estimate you will receive approximately $30 per claim.
Proof of Purchase
Sekure Merchant Solutions TCPA Settlement Notes
- Michael Kaiser-Nyman v. First Choice Payment Solutions GP d/b/a Sekure Merchant Solutions
- Case No. 1:17-cv-05472,
- Pending in the U.S. District Court for the Northern District of Illinois, Eastern Division
In August 2017, plaintiff Michael Kaiser-Nyman filed this class action lawsuit against First Choice Payment Solutions GP d/b/a Sekure Merchant Solutions alleging the company violated the Telephone Consumer Protection Act or TCPA. Sekure provides payment processing services to companies and uses telemarketing to promote its products.
The TCPA is designed to protect consumer privacy by prohibiting unsolicited, autodialed telemarketing calls to cellular telephones, unless the caller has the “prior express written consent” of the called party.
On July 20, 2017, Kaiser-Nyman says he received a telemarketing call from Sekure Merchant Solutions on his cell phone, despite the fact that his number has been registered on the National Do Not Call Registry since 2008.
The Sekure Merchant Solutions telemarketing call began with a distinctive click and pause after the Kaiser-Nyman answered. In fact, while waiting for a human being to arrive on the line, he repeatedly said “hello” into his telephone with no response, the complaint states. When a human being arrived on the phone line, Kaiser-Nyman received a scripted sales pitch about payment processing services. The call was then transferred to “Vivianne”, who attempted to sell the him Sekure services.
Then just a day later, Sekure called Kaiser-Nyman’s cell phone again. On this call, a Sekure rep again offered Sekure’s services via a high-pressured sales pitch. When Kaiser-Nyman informed the rep that he was not interested, and asked to be placed on their Do Not Call list, she ignored him and informed him that “his rates would go up” if he did not work with them. Kaiser-Nyman again requested to be placed on their Do Not Call list but reportedly the rep responded that he should “enjoy the overcharges” and hung up.
Prior to these unsolicited Sekure Merchant Solutions telemarketing calls, Kaiser-Nyman had never done any business with Sekure, and never provided the company with his cell phone number, nor did they have his prior express consent, as mandated by TCPA law.
Unfortunately, Kaiser-Nyman’s experience with the Sekure Merchant Solutions is not unique, as other individuals have complained about the company’s telemarketing practices, including a number of complaints to the Better Business Bureau.
Sekure Merchant Solutions denies that it did anything wrong, and denies that this case would be certified as a class action in litigation. Complete details about the case and settlement are provided on the Campus Debt TCPA settlement website.
- 11/30/18: Claim Form Deadline
- 11/30/18: Objection or Exclusion Deadline
- 12/20/18: Final Hearing at 9:00 am CT* (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 www.SekureTCPASettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: First Choice Telemarketing Settlement Administrator, c/o KCC Class Action Services LLC, P.O. Box 404083, Louisville, KY 40233-4083
- Phone: 1-844-593-1077
- Alexander H. Burke and Daniel J. Marovitch of Burke Law Offices LLC
- Edward Broderick and Anthony Paronich of Broderick & Paronich PC