THE TCPA PROVIDES FOR INDIVIDUAL DAMAGES OF $500 TO $1,500 PER CALL!
THIS APPLIES TO THE OCWEN TCPA SETTLEMENT ONLY. IT IS REGARDING CALLS MADE ABOUT MORTGAGE DEBT COLLECTION BY OCWEN.
Email me now at firstname.lastname@example.org.
December 6, 2017 — Law Office of Chris R. Miltenberger, PLLC
If you have questions or concerns about opting out, call me; I can explain. The opt out deadline is February 19, 2018. You must opt out before that date.
If you received an email or a postcard with a notice from Ocwen about calls regarding debt collection and a class action, please read this!
Under the terms of the class action TCPA settlement agreement you have the option to “opt out” and pursue an individual claim. If Ocwen violated the TCPA with regard to you individually, you can potentially recover $500 to $1,500 per call as opposed to the meager class settlement.
If you do not opt out of the Class, under the TCPA Settlement you release Ocwen from any and all liability related to their calls to your cell phone and use of an autodialer or other predictive dialer. In return you could receive less than $25.00 if all individuals make claims. That is all.
I am now investigating individual cases against Ocwen.
You can consider an individual claim if:
- You received calls on your cell phone;
- You did not give Ocwen or the original creditor your cell phone number or permission to call your cell phone;
- You did not put your cell phone number on your original credit/loan application; and
- You were called with an auto dialer (computer) or a pre-recorded message was left.
By opting out you may be eligible for damages in the amount of $500 or $1,500 per call!
In the Class Action Settlement Agreement Ocwen agreed to higher damages for individual cases. The following is the language from the Settlement Agreement:
I do not know how this provision will apply to class members that opt out because I am not part of the class action. It, however, appears to be a commitment to pay $1,500 per call if an individual received more than 50 calls and Ocwen did not have consent to call that individual.
In the class settlement, Ocwen will pay approximately $17.5 million (before deduction of attorneys’ fees ($5.6 million) and expenses, administrative costs and incentive awards) to resolve litigation accusing the debt collection company of violating the Telephone Consumer Protection Act (TCPA) by making autodialed phone calls to consumers without their consent. There are approximately 1.6 million individuals in the settlement class. You do the math. If you have been called multiple times by them you should consider contacting me to discuss.
If you do not opt-out you get the same small TCPA settlement no matter how many calls you received. This settlement makes no sense on an individual basis especially for those who received a substantial number of calls.
By opting out you can possibly receive the statutory damages of $500 per call or $1,500 per willful call. You must opt-out by the Court imposed deadline.
Even if you have already filed your claim in the class action you can still opt out.
Additionally, you do not need records of the number of times Ocwen called you. Once you file a lawsuit Ocwen will have to produce the call detail records showing the number of times they called you.
Contact me by email at email@example.com or contact me at 817-416-5060 to discuss the facts of how Ocwen called individuals.
Important Note and Disclaimer: Ocwen will deny any liability. There is no guarantee the facts will allow any individual to recover on an individual basis.
THE PURPOSE OF THIS WEBSITE IS TO PROVIDE INFORMATION AND INVESTIGATE THE PRACTICES OF OCWEN. IT IS NOT TO SOLICIT PROFESSIONAL EMPLOYMENT.
Key words: Ocwen, TCPA, Class, Action, Settlement, Opt Out, Calls, TCPA Settlement