Picchi v. World Financial Network Bank, Case No. 11-61797 

This case arises out of the alleged use of an automatic telephone dialing system and prerecorded messages by ADS Alliance Data Systems, Inc. and World Financial Network Bank (“Comenity”), in connection with calls to cell phones.  The person who brought the suit claimed that Comenity called him without his prior express consent in violation of federal law, specifically the Telephone Consumer Protection Act, 47 U.S.C. 227.

A settlement has been proposed in the lawsuit named above, which is pending in the United States District Court for the Southern District of Florida.

Those affected by this settlement (“Settlement Class Members”) include: (i) all persons to whom Comenity placed phone call through an automatic telephone dialing system equipment (ii) where those calls occurred after March 1, 2010 and up through July 30, 2014, as reflected in Defendants’ records of call activity (iii) whose phone number was associated with a cellular phone at the time of the call; and (iv) whose phone number appears in the records of Comenity in association with an account issued through Comenity; and (v) whose phone number appears in the records of Comenity in association with a “wrong number” code, (vi) and who is not the named account holder whose address as established by reverse phone lookup was a person Comenity was attempting to communicate with.

If you received the postcard notice then you are one of the Settlement Class Members who were affected by this case. You may use your Claim ID number found on the front side of the postcard you received to submit a claim through this website. To submit a claim online, please click here.

If you did not receive a postcard regarding the class action settlement in this case, it is likely because address information was not available for you or the address information is incomplete or inaccurate. However, if your cell phone number was called by Comenity during the Class Period and you were not a named account holder of Comenity, you may still contact the Claims Administrator to confirm whether your cell phone number was called. If your cell phone number matches one of the cell phone numbers called, you may be entitled to receive a payment. Please click here to check to see if your phone number is one of the phone numbers involved in this settlement. If your cell number was not called during the Class Period, you are not eligible to make a claim.

Your legal rights are affected whether you act or do not act. Read this notice carefully.

Your Legal Rights and Options in This Settlement:

Do Nothing Stay in the lawsuit. Receive no payment.
File a Claim Make a claim by October 6, 2015, either online, by mail or over the phone and receive payment if you are an eligible Class Member and Settlement is finally approved.
Go to a Hearing Ask to speak in Court about the fairness of the settlement.
Object Write to the Court and explain why you don’t like the settlement.
Exclude Yourself Get no payment. This is the only option that allows you to be part of any other lawsuit involving the claims in the Actions against Defendants.

 

These rights and options – and the deadlines to exercise them – are explained in the Frequently Asked Questions (“FAQ”) comprising the Notice about the Settlement. The Court in charge of this case still has to decide whether to approve the settlement.

Important Dates:
Claim Deadline:  October 6, 2015
Exclusion & Objection Deadline: October 6, 2015
Final Approval and Fairness Hearing: December 18, 2015 at 9:00 a.m. EST in Courtroom 12-2