Nicole Newman, individually and on behalf of all others similarly situated v. Americredit Financial Services Inc.
Published: Jan. 24, 2015 | Result Date: Nov. 26, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:11-cv-03041-DMS-BLM Settlement – $8,500,000
Court
USDC Southern District of California
Attorneys
Plaintiff
Robert L. Hyde
(Hyde & Swigart)
Joshua B. Swigart
(Swigart Law Group)
Abbas Kazerounian
(Kazerouni Law Group APC)
Defendant
Chad R. Fuller
(Troutman Sanders LLP)
Naomi B. Spector
(Kamber Law LLP)
Facts
Nicole Newman filed a class action against Americredit Financial Services Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant, which administered automobile loan accounts, placed phone calls to her cell phone, without her consent, and using an automated dialer or prerecorded voice message in violation of the Telephone Consumer Protection Act. Plaintiff alleged that defendant made similar phone calls to the purported class members. Particularly, plaintiff alleged that defendant made an unauthorized call to her cell phone even if she did not have an account with defendant.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations, and asserted various affirmative defenses.
Damages
Newman requested $500 in statutory damages for each negligent violation and up to $1,500 for each knowing of willful violation.
Result
The parties reached an $8.5 million settlement.
Other Information
FILING DATE: Dec. 29, 2011.
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