Penn Credit Reaches A $4.675 Million Settlement In A Class Action Lawsuit
Penn Credit Corp. will pay $4.675 million as part of a class action settlement (Terrance Guidry Settlement) to consumers who alleged that the company sent them pre-recorded voicemail messages.
The Class Members
Between April 30, 2015, and May 6, 2021, everyone who received or transmitted a pre-recorded voicemail message from or on behalf of Penn Credit on their cellular voicemail service without their consent is part of the Guidry Settlement Class.
Two subclasses have also been constructed.
Consumers in the Skip Trace Subclass are those who received a pre-recorded voicemail message on their cellphone from or on behalf of Penn Credit between April 30, 2015, and May 6, 2021, and that cell number was collected via “skip tracing” or similar tactics. Those who received an email because of a call are also included.
Consumers in the Settlement Class for whom Penn didn’t receive a number through skip tracing or similar tactics are included in the Non-Skip Trace Subclass. These Subclass Members are not eligible for compensation, but they can pursue their own damages claims.
The Class Action Lawsuit
The federal Telephone Consumer Protection Act (TCPA) was allegedly breached by voicemails made by Penn Credit or others on its behalf, according to a class action lawsuit.
According to the company’s website, Penn Credit Corp. is an accounts receivables management agency that specializes in collecting. Penn Credit denies any wrongdoing but has agreed to the Terrance Guidry Settlement to avoid the risks and expense of litigation.
Subclass Members for Skip Trace who file valid claim forms will receive a considerable proportion of the settlement fund after attorneys’ fees and other expenses are paid.
The Terrance Guidry Settlement
If the fund has more than $50,000 after all payments have been processed, the settlement administrator will issue a second round of checks to Skip Trace Subclass Members who cashed their first-round check on a proportionate basis.
No Class Member will receive more than the maximum amount allowed under the Telephone Consumer Protection Act (TCPA) for a single call.
If there is money left in the fund, it will be paid to a charitable trust as agreed by the parties and approved by the Court.
In addition to monetary compensation, all Class Members will get injunctive relief relating to Penn Credit’s business practices under the terms of the Terrance Guidry Settlement.
Penn has promised, among other things, to strengthen its TCPA compliance procedures for the next ten years, to not leave any pre-recorded messages on phones unless it feels it has an agreement, and to amend its written TCPA procedures and training manuals.
The Terrance Guidry Settlement or the Penn Credit TCPA Class Action Settlement will have a fairness hearing on September 20, 2021. The deadline to opt-out of the settlement or to protest is July 23, 2021. The deadline for submitting claims is August 6, 2021.
Editor’s Note on Terrance Guidry Settlement – Penn Credit TCPA Class Action Settles For $4.67 Million:
This article is published to inform you of the latest settlement reached to settle the Penn Credit TCPA Case. The federal Telephone Consumer Protection Act (TCPA) was allegedly breached by voicemails made by Penn Credit or others on its behalf.
Case Name & No.: Terrance Guidry, et al. v. Penn Credit Corp., Civil Action No. 6:19-CV-1936-ORL-41LRH
Jurisdiction: United States District Court for the Middle District of Florida
Products/Services: Consumers TCPA Protection
Allegations: Penn Credit violated TCPA laws
Status: To Be Settled
Are you one of the Class Members? What can you say about the tactics made by Penn Credit? Message us by clicking the ‘Contact Us’ button below. We would love to hear your story.
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