TCPA Class Action Settlement Website
Welcome to the settlement website for the Kovach v. Compass Bank class action lawsuit. This site provides links to documents relating to the settlement, as well as deadlines for exercising your options.
YOU MAY BE ENTITLED TO A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT IF YOU RECEIVED AN AUTOMATED TELEPHONE COLLECTION CALL ON YOUR CELLULAR TELEPHONE FROM COMPASS BANK AND IF YOU DID NOT HAVE AN ACCOUNT WITH COMPASS BANK AND DID NOT CONSENT TO RECEIVE THE CALL.
In a class action lawsuit, known as Kovach v. Compass Bank, Case No. CV-2018-902504.00, pending in the Circuit Court of Jefferson County, Alabama, the Plaintiffs have alleged that Compass Bank violated the federal Telephone Consumer Protection Act (“TCPA”) by making automated and prerecorded or artificial voice calls to the cellphones of persons who did not consent to receive such calls. Compass Bank denies that it violated the TCPA or any similar laws, and the Court hasn’t decided who is right or wrong. Rather, the parties are resolving the dispute by settlement.
A settlement of this lawsuit (“Settlement”) has been negotiated which, if approved by the Court, may entitle you to a payment. Your rights and options under the Settlement—and the deadlines to exercise them—are explained below and are available in more detail in the documents that you can access from this website.
WHAT ARE YOUR OPTIONS?
To accept the Settlement, you must submit a Claim Form by January 21, 2019. You may obtain a Claim Form by clicking here and you may submit your Claim Form by January 21, 2019 by email at claims@BankTCPAsettlement.com, or by U.S. Mail to the Kovach Settlement Administrator at PO Box 12985, Birmingham, AL 35202. If the Settlement is approved and your claim is deemed valid, a check will be mailed to you. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement, and is the only thing you need to do to receive a payment.
You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against Compass Bank and the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Released Parties at your own risk and expense. To exclude yourself from the Settlement, you must mail a signed letter to the Kovach Settlement Administrator at PO Box 12985, Birmingham, AL 35202, postmarked by October 23, 2018.
If you wish to object to the Settlement, you must submit your objection in writing to the Clerk of the Court of the Jefferson County Courthouse, 716 N. Richard Arrington Blvd., Birmingham, Alabama 35203. The objection must be received by the Court no later than October 23, 2018. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including the attorneys representing the Class Representatives and the Settlement Class (Myles McGuire, Evan M. Meyers, and Eugene Y. Turin, MCGUIRE LAW, P.C., 55 West Wacker Drive, 9th Floor, Chicago, Illinois 60601), as well as the attorneys representing Compass Bank (Gregory C. Cook, BALCH & BINGHAM LLP, 1901 Sixth Ave. N., Suite 1500, Birmingham, AL 35223), postmarked no later than October 23, 2018.
(4) Do Nothing.
If you do nothing, you will receive no money from the Settlement Fund, but you will still be bound by all orders and judgments of the Court. Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against the Released Parties regarding any of the Released Claims. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.
These rights and options—and the deadlines to exercise them—are explained more fully in the case Settlement documents that you can access below. You may also call (800) 754-9649 if you have questions.
• Via email claims@BankTCPAsettlement.com
• Toll Free: 1-800-754-9649
• USPS Mail: Kovach Settlement Administrator, PO Box 12985, Birmingham, AL 35202
• Deadline to Exclude Yourself from the Settlement: October 23, 2018
• Deadline to Object to the Settlement: October 23, 2018
• Final Approval Hearing: December 6, 2018 at 2:30 p.m.
• Deadline to Submit Claim Form: January 21, 2019
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