Facts

Younus Bayat and Mohammed Ereikat filed a class action against Bank of the West in connection with alleged phone calls they received from the Bank.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that the Bank called plaintiffs, and others similarly situated, on their cellular phones using an automated telephone dialing system and/or using an artificial or prerecorded voice, without first obtaining their prior express consent.

Plaintiffs alleged that the Bank's conduct constituted a violation of the Telephone Consumer Protection Act. Plaintiffs asserted that "prior express consent" under the TCPA requires that the consent be given clearly and unmistakably at the time a consumer opens a bank account.

DEFENDANT'S CONTENTIONS:
The Bank, in general denied plaintiffs' allegations, and asserted various affirmative defenses. The Bank also disputed plaintiffs' definition of "prior express consent," contending that customers could give prior express consent by providing the Bank with their cellular telephone numbers at any point during the banking relationship.

Result

The parties reached a $3,354,756 settlement.