Thornton v. NCO Financial Systems, Inc.

CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION

Case No. 16 CH 5780

If you received a call on your cell phone from NCO Financial Systems about a debt, a class action settlement may affect your rights.

Important Dates

October 2, 2017 - Exclusion Deadline (Exclusion must be postmarked or received by this date)

October 2, 2017 - Objection Deadline (Objections must be filed and postmarked by this date)

October 17, 2017 - Claim Form Deadline (Claim Forms must be submitted online or postmarked by this date)

October 26, 2017 at 11:00 a.m. CT - Final Fairness Hearing

A Settlement has been reached in a class action lawsuit against NCO Financial Systems, Inc. (now known as EGS Financial Care Inc.) (“Defendant” or “NCO/EGS”), a debt collector. The suit alleges that NCO/EGS violated a federal telemarketing law by making automated phone calls, and calls using an artificial or prerecorded voice, to cell phones without consent. NCO/EGS denies any wrongdoing. The settlement doesn’t decide who is right, but is a compromise to end the lawsuit and avoid the uncertainties and expenses associated with continuing the case.

You are a Class Member included in the Settlement if you received a call by or for NCO/EGS on your cell phone from January 16, 2009 through August 31, 2016. You may be a member of the Injunctive Settlement Class only, or both the Injunctive Settlement Class and a subgroup called the Damages Subclass.

If you received a call from NCO/EGS on your cell phone from January 16, 2009 through August 31, 2016, you are a member of the Injunctive Settlement Class. As a member of the Injunctive Settlement Class, you are entitled to injunctive relief, which means that NCO/EGS will stop automatically calling cellular telephones without consent. In addition, you may still bring an individual lawsuit against NCO/EGS based on the issues the settlement concerns, and NCO/EGS won’t raise an important defense about the type of dialing equipment it used. If you decide to sue NCO/EGS individually, this may make your case easier to prove. By staying in the Injunctive Settlement Class, however, you give up your right to sue NCO/EGS through another class action regarding the calls at issue in this case.

Injunctive Settlement Class Members:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING

You’ll receive the injunctive relief that NCO/EGS has agreed to. Plus, you’ll keep the right to sue NCO/EGS on the issues the settlement concerns on an individual basis, and NCO/EGS won’t raise a defense about the dialer that it used. You’ll give up your right to sue NCO/EGS through another class action regarding the calls at issue in this case.

EXCLUDE YOURSELF FROM THE SETTLEMENT

You’ll keep the right to sue NCO/EGS on the issues the Settlement concerns, but NCO/EGS can raise all of its defenses.

OBJECT

Write to the Court explaining why you don’t like the Settlement.

ATTEND A HEARING

Ask to speak in Court about the fairness of the Settlement.


 

You may also be included in a subgroup of the Injunctive Settlement Class called the Damages Subclass if you received a call by or for NCO/EGS on your cell phone from January 16, 2009 through August 31, 2016 that was made from certain NCO/EGS offices using a special type of automated dialing equipment. Members of the Damages Subclass who submit valid Claim Forms will receive a cash payment of up to $90 from the Settlement Fund created by NCO/EGS. If you are a Damages Subclass member, you will likely receive a postcard summary of the Notice in the mail, if you have not received one already. By staying in the Damages Subclass, you give up your right to sue NCO/EGS on the issues the Settlement concerns through an individual case or class action.

Damages Subclass Members:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM

This is the only way to receive a payment. You give up your right to sue NCO/EGS on the issues the settlement concerns through an individual case or class action.

DO NOTHING

You won’t get a payment, and you’ll also give up your right to sue NCO/EGS on the issues the settlement concerns through an individual or class action.

EXCLUDE YOURSELF FROM THE DAMAGES SUBCLASS

You won’t get a payment, but you’ll remain in the Injunctive Settlement Class. That means you’ll keep the right to sue NCO/EGS on the issues the settlement concerns on an individual basis, and NCO/EGS won’t raise a defense about the dialer that it used

EXCLUDE YOURSELF FROM THE SETTLEMENT

You’ll keep the right to sue NCO/EGS on the issues the settlement concerns, but NCO/EGS can raise all of its defenses.

OBJECT

Write to the Court explaining why you don’t like the Settlement.

ATTEND A HEARING

Ask to speak in Court about the fairness of the Settlement.


 

The rights and options described in the tables above—and the deadlines to exercise them—are explained in the Notice.

The Court in charge of this case still has to decide whether to approve the Settlement. The settlement approval process takes time. Please be patient.

CONTACT THE SETTLEMENT ADMINISTRATOR

MAIL:
Debt Call Settlement
Settlement Administrator
1801 Market Street, Suite 660
Philadelphia, PA

EMAIL: info@debtcallsettlement.com

CALL TOLL-FREE: 1-855-551-7374




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