Capital One Settlement

Looks like postcards have gone out to all the potential class members in the Capital One TCPA case. I've been getting calls for a week now from people who want to know what they should do. I'm happy to help, and as always it's much quicker to get a response via email if you'd like to be in touch -- but I'm always happy to talk on the phone when I can.

Here's the link to the claims website. Remember that if you're opting out, you need to do so in writing. The letter needs to have your name, address, telephone number, and most importantly it has to be signed by you. Nobody else can opt-out on your behalf, not a lawyer or a family member (though of course they can help you write the letter).

There's no special form to fill out, just something in writing. Here's my suggestion for a letter:

In re Capital One TCPA Litigation
MDL No. 2416, Master Docket No. 1:12-cv-10064 (N.D. Ill.)

Notice of Opt-Out

To Whom it May Concern:

Please exclude me from the TCPA settlement in the above-styled case. I do not want a cash award from this settlement, and I want to keep the right to sue or continue to sue defendants on my own about the legal issues in this case.
My full name, address, and telephone number are listed below.

Send it off to this address: 

Capital One TCPA Class Action
Settlement Claims Administrator
P.O. Box 25609
Richmond, VA 23260-5609

If you're already engaged in litigation, keep a copy and provide it to your lawyer. Probably best practice to file the opt-out letter in the individual case, just so everyone knows and nobody can complain later that you missed the deadline.

Speaking of which, the deadline is October 27, 2014 and you do not want to be late!