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Macy’s and Bloomingdale’s Settlement

HandelontheLaw.com Staff Writer

Friday, November 13, 2015



Macy’s and Bloomingdale’s Settlement
Macy's Store

Macy’s, Bloomingdale’s and their agent banks settled a class action suit regarding their violations of the Telephone Consumer Protection Act, agreeing to pay up to $750 to each Class Member. If you received calls from September 3, 2009 through July 22, 2015 regarding a debt to Macy’s or Bloomingdale’s you may be eligible for up to $750.

The class action was brought in 2013 by a former Macy’s credit cardholder who was repeatedly called on his cellphone in connection with an unpaid debt. Lead Plaintiff alleged that Defendants violated the Telephone Consumer Protection Act (TCPA) by placing calls between September 3, 2009 and July 22, 2015 to cellular phones using an auto dialer and/or prerecorded messages without first obtaining the consent required by the TCPA. As this YouTube video shows, compliance with the TCPA poses difficulties for debt collectors and telemarketers: https://www.youtube.com/watch?v=xjYzSi34zLQ

Though the Defendants denied the allegations, they made a settlement offer totaling $12,500,000, which will pay each Class Member up to $750.

Claims must be filed by December 29, 2015, by mail or online:
- If you received a notice and have a Class Member ID, your online form should be filed here: https://www.departmentstoretcpasettlement.com/claim/login.aspx
- If you did not receive notice, have no Class Member ID but wish to file a generic form, your online form should be filed here:
https://www.departmentstoretcpasettlement.com/claim/default.aspx

Class Members are:
- All persons nationwide whose cellular telephone number, at any time on or after September 3, 2009 through July 22, 2015, Defendants (or either of their agents or affiliates) called using an artificial or prerecorded voice; and/or
- using any automatic telephone dialing system;
- where the call was placed for debt collection purposes in connection with a Macy’s and/or Bloomingdale’s credit card account; and
- where the person called did not provide the number to Defendants; and/or
- is not a person who had consented to receiving calls at that cellular telephone number.

The cash award: Class Members submitting valid and timely claim forms will receive:
- equal shares of the $12,500,000 settlement fund after costs of notice and administration, an award of attorneys’ fees and costs to Class Counsel and a service award to the Plaintiff have been deducted;
- Payments will not exceed $750, and the precise amount depends on the number of valid claim forms that Settlement Class Members send in;
- If Settlement Class Members do not cash their checks, those amounts will be redistributed and your total payment may exceed $750;
- Class Members may only submit one claim form, and will be entitled to collect only one award, regardless of how many calls they received, or how many cell phone numbers on which they receive such calls.


DO’S AND DON’TS

DO file your claim by December 29, 2015 by mail or online:
- If you received a notice and have a Class Member ID, your online form should be filed here: https://www.departmentstoretcpasettlement.com/claim/login.aspx
- If you did not receive notice, have no Class Member ID but wish to file a generic form, your online form should be filed here:
https://www.departmentstoretcpasettlement.com/claim/default.aspx

DO ensure that your mailed claim is postmarked or your online claim is submitted by December 29, 2015.

Do understand that Class Members are:
- All persons nationwide whose cellular telephone number, at any time on or after September 3, 2009 through July 22, 2015, Defendants (or either of their agents or affiliates) called using an artificial or prerecorded voice; and/or
- using any automatic telephone dialing system;
- where the call was placed for debt collection purposes in connection with a Macy’s and/or Bloomingdale’s credit card account; and
- where the person called did not provide the number to Defendants; and/or
- is not a person who had consented to receiving calls at that cellular telephone number.

DO understand the following regarding the cash awards:
- cash awards are equal shares of the $12,500,000 settlement fund after costs of notice and administration, an award of attorneys’ fees and costs to Class Counsel and a service award to the Plaintiff have been deducted;
- Payments will not exceed $750, and the precise amount depends on the number of valid claim forms that Settlement Class Members send in;
- If Settlement Class Members do not cash their checks, those amounts will be redistributed and your total payment may exceed $750;
- Class Members may only submit one claim form, and will be entitled to collect only one award, regardless of how many calls they received, or how many cell phone numbers on which they receive such calls.

By Kathy Catanzarite


Source: Kathy Catanzarite - Handelonthelaw.com Staff Writer

Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither the author, handelonthelaw.com, or any of its affiliates shall have any liability stemming from this article.





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