Class Eligibility

Class Members of the TCPA settlement include: “All persons whom Navy Federal called on their cellular telephone number using an automatic telephone dialing system between October 9, 2011 through September 15, 2016 where the result of that call was that Navy Federal coded the number as a ‘wrong number’ in its records based on information provided by the call recipient.”

Estimated Amount

Up to $1,500

The pool will be divided pro rata among qualified class members

Proof of Purchase

Tel #

Case Name

Ronald Munday v. Navy Federal Credit Union,
Case No. 8:15-cv-01629-JLS-KES
District Court for the Central District of California

Case Summary

Navy Federal Credit Union is settling a class action that alleges they made calls using an automatic dialer to cellular telephone numbers without the permission of the recipient in direct violation of TCPA

NFCU continues to deny any wrongdoing but has agreed to settle

Settlement Pool

$2,750,000

Deadline

1/18/2017

Contact


NF Settlement Claims Administrator
c/o A.B. Data Ltd.
P.O. Box 173023
Milwaukee, WI 53217
1-800-526-8244
Email: info@NFSettlement.com

34 responses to “Navy Federal Credit Union TCPA Class Action Settlement”

  1. neil yeager says:

    Did judge approve settlement??

    ADMIN – Hi Neil,

    The hearing was today. We have not heard the results.

  2. Joy Rodriguez says:

    Did judge approve?

    ADMIN – Hi Joy,

    We don’t know yet.

  3. Steve says:

    http://www.lemberglaw.com/munday-v-nfcu/

    Seems to be where you can be updated.

    Bottom of site reads: Update: Final settlement approval hearing took place; awaiting approval from court.

  4. N.T. says:

    I’d like to know too. After completing the claim form, how would one know if they were one of the many affected?? Would a notice be sent stating approval or the lack thereof??

    ADMIN – HI N.T.,

    Class action administrators usually send a denial if applicable or a check if you qualify. Some settlements take years to come to a full conclusion.

  5. Concerned Member says:

    Was there a notification sent to members? This is the first I am hearing about this

    ADMIN – Hi Concerned Member,

    Generally the class action administrator sends notifications to the list of those they identify as possibly affected. They also publish the information in relevant publications.

  6. Aaron L says:

    Good morning, any word on the results of the settlement? Or when the rebate checks will be distributed to those whom qualify?

    ADMIN – Hi Aaron,

    I have no updates on this case.

  7. Erica White says:

    When will we know the outcome? Months? Years?

    ADMIN – Hi Erica,

    Probably months.

  8. Mel says:

    Did the judge approve the settlement?, I see the attorney’s were paid

    ADMIN – Hi Mel,

    As soon as I get more details I will post

  9. Veatrice Hawkins says:

    I sent in the post card am I due. a part of the settlement

    ADMIN – Hi Veatrice,

    Your best bet is to contact the admin to make sure they received your claim. The info is posted above under the heading contact.

  10. Jarrett M says:

    Has anyone heard anything about the settlement yet

    ADMIN – Hi Jarrett,

    No news yet.

  11. betsy reynolds says:

    the number for admin ia automated and gives no information. someone should be able to give us some information since they website says final.court hearing was held.

    ADMIN – Hi Betsy,

    Try reaching out to class counsel.

  12. Michelle Burgess says:

    This is the first I am hearing about this lawsuit. I never receive any info from navy federal. Navy federal used to freeze u out of our account for being late on our equity loan. They also would feeeze our children account. We have given proofed that we were scammed out our money and they did not listen. Tried to short sell our home and had a buyer and navy federal refusal for us to short sell even thought the primary mortgage company agreed. We ended up filling bankruptcy and moved my husband retirement check to Bank of America.

  13. Shamava says:

    Is there any update on the settlement yet?

    ADMIN – Hi Shamava,

    You may contact the admin at info@NFSettlement.com

    • Shamava says:

      I have try a few times to email to info@NFSettlement.com and I keep receiving Delivery Status Notification (Failure) as if the email is not available. Please advised of next steps to take to find out the status please. Thank you in advance

      ADMIN – Hi Shamava,

      The next step is to contact class counsel.

  14. Nicole says:

    Looks like they are sending out the settlement money soon.

    • Shamava says:

      Hey Nicole I haven’t been about to reach anyone did you take to Class counsel for that information? Do you know if anyone has actually received a check? Thank you for helping in advance

  15. Nicole says:

    They sent me a card stating that I had to verify my phone number, so my guess is soon the checks will be mailed out.

  16. Pamela Skrine says:

    I have a new address.How can I change it?

    ADMIN – Hi Pamela,

    You send a letter via snail mail to the class action administrator.

  17. joy rodriguez says:

    I called and spoke with attorney and was told they are awaiting approval from court and expected to have that approval by end of may and checks would go out end of june beginning of july.

  18. Nicole says:

    Thanks for the information.

  19. Gabriel says:

    Just heard about this. How come Navy federal did not notify even its current members of the suit? Am I too late? They would freeze me out of my checking account even 1 day late. So I would have to find a navy fed bank to make a payment. And unfreeze my account.

    ADMIN – Hi Gabriel,

    This settlement has nothing to do with accounts being frozen.

  20. Shirley Smith says:

    When do settlement check go out

    ADMIN – Hi Shirley,

    Rumor has it they will come out pretty soon.

  21. Joy Rodriguez says:

    Has anyone received check since the above May 2nd post says runor has it they come out soon. Is the rumor from a reliable source or strictly heresay?

  22. Nicole Washington says:

    Joy, no checks have come yet. It seems as though the info you posted on April 25th is so.

    ADMIN – Hi Nicole,

    You would do best to contact the class action administrator.

  23. Nicole Washington says:

    Joy was asking have we received checks yet and my response was not yet.

    ADMIN – Hi Nicole,

    There is an option to respond to specific comments.

  24. Rosa Clay says:

    I filed a claim via snail mail on December 22, 2016, and have not received any information on the status of this settlement. will you please provide an update. Thank You,

    ADMIN – Hi Rosa,

    I have no updates on this settlement.

    • Jennifer Edmonds says:

      Hi Rosa,

      I haven’t heard from them either, but have been keeping up on this page. Someone said checks would be mailed end of June beginning of July. They said they contacted the law firm. I hope this helps.

      Jennifer

  25. Melanie says:

    What is the latest update on checks being mailed?

    ADMIN – Hi Melanie,

    I have not heard or read anything. You may want to contact the law firm handling the case if you are having problems reaching out to there admin. Their info can be found on this link

    http://www.lemberglaw.com

  26. Melanie says:

    Update: I called and spoke to one of the attorneys on the case. He advised that as of today, June 5th, they are still waiting for court approval (no time frame given as to when the court will do this). Once they receive approval, there is a 30 day waiting period for appeal. After the 30 day waiting period, they will cut checks and mail them out. So, it is unlikely we will receive the checks anytime soon unfortunately.

  27. Jeremy Sutton says:

    Hello, I have deployed and just recently heard of this. I was told that NFCU would informing me if I am included yet I haven’t heard anything. Now I found this where people have had to submit a claim and I was wondering if I am to late? Does anyone know of extenuating circumstances clauses or should I just bring it up with my lawyer that just handled my BK?

    ADMIN – hi Jeremy,

    I don’t think there is a clause for extenuating circumstances.

  28. Char says:

    This is an article online: dated 5/26/16.

    Apparently, it was declined?
    Credit Union’s $2.75M Deal In TCPA Suit Fails To Clear
    By Suevon Lee

    Law360, Los Angeles (May 26, 2016, 7:44 PM EDT) — A California federal judge Thursday rejected a proposed $2.75 million class action settlement between Navy Federal Credit Union and certain individuals subject to its automatic telephone dialing system, expressing concern with a release exceeding the factual scope of the Telephone Consumer Protection Act claims.
    U.S. District Judge Josephine L. Staton said there was “notable deficiency” regarding the scope of the proposed release that rendered the settlement unreasonable and not appropriate for approval.

    “In short, because the release does not appropriately track the extent and breadth of plaintiff’s allegations in the complaint, the court finds that the settlement agreement ‘suffers from an obvious deficiency’ that precludes preliminary approval,” the judge wrote in her 10-page order.

    Thursday’s ruling relates to an October 2015 suit brought by named plaintiff Ronald Munday against Virginia-based Navy Federal over its practice of using an automated phone dialing system to reach people on their cellphones without their prior consent and failing to halt these calls when informed they had reached the wrong person.

    Munday claims he first received such a call in February 2015. Upon answering his phone, he heard a brief silence before a Navy Federal representative came on the line and asked for a “Joshua Selter,” a person unknown to Munday. He claims that even though he requested the calls to his cellphone stop, they did not.

    Munday’s complaint alleged the credit union’s “calls were placed using a sophisticated dialing machine, which has the capacity to store lists of phone numbers and dial such numbers pursuant to a preset program and otherwise dials sequentially” in violation of the TCPA, which bars the use of an automatic phone dialing system to reach cellular users without express consent of the recipient unless the call is for emergency purposes.

    The complaint sought $500 award in statutory damages per call in violation of TCPA and treble damages up of to $1,500 per unlawful call on behalf of the class.

    The parties entered into mediation and filed a joint notice of settlement on Jan. 21.

    Navy Federal in discussions with plaintiff’s counsel said it identified a glitch in its phone filtering system that was supposed to remove wrong numbers from its dialing system and agreed to take remedial measures, according to a joint motion for preliminary approval of settlement submitted in March.

    Discovery in the case revealed that between Oct. 9, 2011, and March 14, 2016, Navy Federal employed an automatic phone dialing system to call 90,726 unique telephone numbers that were coded as “wrong numbers.”

    The proposed settlement was on behalf of a putative class of people who received such calls on their cellphones, where the result of the call was that the company coded the number as “wrong number,” between Oct. 9, 2011, and date of preliminary approval of settlement.

    The proposed agreement calls for a $2.75 million fund that includes attorneys’ fees of no more than 25 percent of the fund and an incentive award of up to $10,000. Each opt-in class member could receive up to $1,500 under the terms of the agreement.

    Judge Stanton’s issue with the proposed settlement springs from the release, which she said was written in such a manner as to exceed claims based on the factual predicate as identified in the complaint. She said it is possible class members could release claims that go beyond the facts alleged in the suit and that it’s unclear whether there’s any limit on the release of claims based on its language.

    “A notable deficiency as to the scope of the proposed release renders the settlement unreasonable such that it does not fall within the range of possible approval,” she wrote.

    The judge declined to grant conditional certification of the class and also said any revised settlement must supply additional information about the parties’ proposed suggested recipient of unclaimed funds: the Armed Services YMCA. The judge said it was unclear how that entity was sufficiently related to the settlement class.

    “The parties expect to revise the agreement and resubmit the motion for approval in the near future,” Sergei Lemberg, an attorney with Lemberg Law LLC who represents Munday, told Law360 on Thursday.

    Ronald Munday is represented by Sergei Lemberg, Stephen F. Taylor and Trinette Gragirena Kent of Lemberg Law LLC.

    Navy Federal Credit Union is represented by Jason Jonathan Kim and Neil K. Gilman of Hunton and Williams LLP.

    The case is Ronald Munday v. Navy Federal Credit Union, case number 8:15-cv-01629, in the U.S. District Court for the Central District of California.

    –Editing by Kelly Duncan.

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    Case Information

    Case Title
    Ronald Munday v. Navy Federal Credit Union
    Case Number
    8:15-cv-01629

    Court
    California Central

    Nature of Suit
    Other Statutory Actions

    Judge
    Josephine L. Staton

    Date Filed
    October 9, 2015

    Law Firms
    Hunton & Williams
    Lemberg Law
    Companies
    Navy Federal Credit Union
    YMCA of the USA
    LAW360 UK

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