Who is a Class Member
You are a member of the Pivotal Payments Unwanted Telemarketing Calls Class Action Settlement if you:
- Received one or more non-emergency telephone calls;
- Allegedly on Pivotal’s behalf;
- Promoting credit card processing services, other services, or goods of any kind;
- To your cellular telephone number;
- Through the use of an automatic telephone dialing system or an artificial or prerecorded voice; and
- At any time in the period from April 15, 2016, up to and including September 2, 2016.
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
- Between $20-$60 per claim
Settlement Class Members who file a valid and timely claim can receive a payment estimated to be between $20 and $60, depending on the number of valid claims submitted.
Proof of Purchase
- To file a claim, you will need to provide your Class Member ID found on the front of your postcard notice or your affected phone number.
Pivotal Payments Unwanted Telemarketing Calls Settlement Notes
- Abante Rooter and Plumbing, Inc. et al. v. Pivotal Payments, Inc. d/b/a Capital Processing Network and CPN
- Case No. 3:16-cv-05486-JCS
- Pending in the U.S. District Court for the Northern District of California
In 2016, plaintiff Abante Rooter & Plumbing filed a class action lawsuit alleging Pivotal Payments violated the Telephone Consumer Protection Act (TCPA) by using an automatic telephone dialing system to solicit business. Pivotal Payments is a provider of global payment processing solutions for merchants across the United States.
According to court documents, Pivotal Payments made several unwanted telemarketing calls to the plaintiffs business cell phone and allegedly did not obtain prior express consent to place these calls.
In 1991, Congress enacted the TCPA in response to a growing number of consumer complaints regarding certain telemarketing practices. The TCPA makes it unlawful “to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice … to any telephone number assigned to a … cellular telephone service.”
Pivotal Payments denies it did anything wrong. Still, the company agreed to settle the case for $9 million to avoid continued litigation. Complete details about the case and settlement are provided on the Pivotal Payments TCPA settlement website.
Class members who wish to object to or exclude themselves from the Pivotal TCPA settlement must do so by June 29, 2018. Class members who wish to participate in the settlement must submit a claim form on or before June 29, 2018.
- 6/29/18: Claim Form Deadline
- 6/29/18: Objection or Exclusion Deadline
- 10/5/18: Final Hearing at 2:30 pm 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 the Pivotal Payments TCPA Settlement website to confirm that the date or time of the Hearing has not been changed.
- Mail: Pivotal Payments Settlement, Epiq, Claims Administrator, P.O. Box 3207, Portland, OR 97208-3207
- Terrell Marshall Law Group PLLC
- Broderick & Paronich PC
- The Law Office of Matthew P. McCue
- Gibbs Law Group LLP