(PRWEB) May 08, 2014
ILYM Group, Inc., a neutral third party that has been court appointed as Claims Administrator for this case, announces that Class Counsel, Joshua B. Swigart of Hyde & Swigart and Abbas Kazerounian of the Kazerouni Law Group, APC, today announced an agreement to resolve a class action pending against Wells Fargo Bank in federal court in California. The lawsuit alleges that Wells Fargo violated the Telephone Consumer Protection Act by sending text messages to non-Wells Fargo customer’s cell phones, without the recipient’s prior express consent, in connection with Wells Fargo’s send/receive money product program, using an automated dialer. Under the terms of the settlement, Wells Fargo denies any liability but agreed to fund a $950,000 settlement to fully resolve the matter without the time and expense of a court proceeding.
The settlement has been preliminarily approved by the U.S. District Court in the Southern District of California, Barani v. Wells Fargo Bank, N.A., et. al., Case No.; 3-12-CV-02999-GPCKSC, and is subject to the court’s final approval. The Settlement Class consists of:
All wireless phone subscribers and users within the United States of America, who received any text message/s from Defendant in connection with, or as a result of, its send/receive money product program, who were not customers of Defendant at the time the text/s were sent, which text messages were sent during the Class Period.
The Class Period ranges from December 18, 2008 through June 20, 2013. The settlement fund, less attorneys’ fees, litigation expenses, costs of notice, and claims administration costs, as approved by the Court, will be distributed on a pro rata basis to Settlement Class members who submit valid claims under procedures implemented by the Court overseeing the settlement. Wells Fargo has identified 76,189 non-Wells Fargo customer cellular telephone numbers that were sent the text message in question. Most persons included in the Settlement Class can be identified using a reverse directory search using phone numbers from Wells Fargo’s records and will receive mailed notice of the settlement. Individuals who received such text message/s but who cannot be identified through a reverse directory lookup in connection with the identified cellular telephone number will need to contact the Claims Administrator to determine if they are in the Settlement Class. For more information, go to http://www.wellsfargotextsettlement.com.
Abbas Kazerounian, Esq.
Kazerouni Law Group, APC
Jason D. Menke