Wilkins v. HSBC TCPA Settlement

Overview of the Settlement

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Overview of the Proposed Settlement

Plaintiffs claim that HSBC violated the federal Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., by placing calls, either itself or through an entity calling on its behalf, to cellular telephones between May 31, 2008 and May 1, 2012, through the use of an automatic telephone dialing system or an artificial or prerecorded voice without prior express consent. HSBC denies these allegations and denies any claim of wrongdoing. The Court has not ruled on the merits of Plaintiffs’ claims or HSBC’s defenses.

You may be a settlement class member if HSBC, or an entity acting on its behalf, placed an automated call to your cellular telephone number at some time between May 31, 2008 and May 1, 2012.

HSBC paid $39,975,000.00 into an escrow account (the “Settlement Fund”), which paid for Class Members’ claims and also for attorneys’ fees and incentive awards for the named plaintiffs. Class Members who submitted a timely claim form were mailed an initial distribution check of $102.62 on May 22, 2015. Class Members who cashed their initial distribution check before the stale date were mailed a second and final payment of $7.15 on January 8, 2016.

What Are My Options?

  • Submit a Claim Form: Class Members who submitted a valid Claim Form by November 4, 2014, were mailed a payment and gave up their rights to sue HSBC and/or any other entities on a released claim.
  • Do Nothing: Class Members who did nothing, will not receive any monetary award and lost the right to sue regarding automated calls to their cell phone made by HSBC or any other entity calling on its behalf.
  • Exclude Yourself From the Settlement: This was the only option that allowed Class Members to sue HSBC, other entities calling on its behalf and/or other released parties on their own regarding the legal claims in this case. Class Members who excluded themselves did not receive a payment from the settlement. The deadline for excluding oneself was October 6, 2014.
  • Object to the Settlement: The deadline to object was October 6, 2014. Class Members could have submitted a claim for a payment and also objected to the Settlement.

For more information, please review the Notice and other information contained on this website. Class Members may also write to Wilkins TCPA Settlement, c/o GCG, PO Box 35127, Seattle, WA, 98124-5127, or call toll-free 844-322-8224.