Miles v. Medicredit, Inc. Frequently Asked Questions

Frequently Asked Questions about the Miles v. Medicredit, Inc.

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Mr. Miles filed a class action lawsuit against Medicredit, alleging that it violated the Telephone Consumer Protection Act (“TCPA”) by placing calls, in connection with which it used an artificial or prerecorded voice, to cellular telephone numbers assigned to persons who do not have accounts in collections with Medicredit. In other words, Mr. Miles filed a lawsuit against Medicredit, alleging that Medicredit violated the TCPA by placing calls to consumers, in connection with which it used an artificial or prerecorded voice, at wrong cellular telephone numbers—in that the subscriber to the telephone number called was different from the party that Medicredit was trying to reach. Medicredit denies the allegations. The parties have agreed to a Settlement.

In a class action, one or more people called “class representatives” file a lawsuit on behalf of people who have similar claims. All of these people together are a “class” or “class members.” The Court accordingly resolves claims for all class members, except for those who exclude themselves from the class.

Mr. Miles, on the one hand, and Medicredit, on the other, have agreed to settle the lawsuit to avoid the time, risk, and expense associated with it, and to achieve a final resolution of the disputed claims. Under the Settlement, class members will obtain a payment in settlement of the claims that Mr. Miles raised in the lawsuit. Mr. Miles and his attorneys think the Settlement is best for all class members.

This Settlement resolves claims on behalf of the following Class:

All persons in the United States who (a) received a call from Medicredit, Inc. between December 16, 2017 and July 7, 2022 on their cellular telephone, (b) with an artificial or prerecorded voice, (c) for which Medicredit, Inc.’s records contain a “WN” designation and an “MC” and/or “MD” notation.

Medicredit has identified a universe of approximately 303,600 unique telephone numbers to which it placed a call, during the Class Period, for which its records contain a “WN” designation and an “MC” and/or “MD” notation.

 

Medicredit will establish a Settlement Fund in the amount of $1,950,000. Out of the Settlement Fund, Medicredit will pay:

a. Settlement compensation to the class members;
b. The costs and expenses of administrating the class action Settlement;
c. An award of attorneys’ fees, subject to the Court’s approval;
d. Costs and expenses incurred litigating this matter, subject to the Court’s approval; and
e. An incentive award to Mr. Miles, subject to the Court’s approval.

Each class member who submits a timely and valid claim form will be entitled, subject to the provisions of the Settlement Agreement, to his or her equal share of the Settlement Fund as it exists after deducting:

a. Costs and expenses of administrating the class action Settlement, which will not exceed $285,000;
b. Attorneys’ fees in an amount not to exceed one-third of the Settlement Fund, subject to the Court’s approval; 
c. Costs and litigation expenses not to exceed $15,000, subject to the Court’s approval; and
d. An incentive award for Mr. Miles, not to exceed $10,000, subject to the Court’s approval.

You must mail a valid claim form to the Miles v. Medicredit Claims Administrator, c/o Kroll Settlement Administration, P.O. Box 5324, New York, NY 10150-5324, postmarked by December 6, 2022. Or you must submit a valid Claim through this Website. 

If the Court grants Final Approval of the Settlement, Settlement checks will be mailed to class members who timely mailed or submitted valid claim forms no later than 45 days after the Judgment in the lawsuit becomes final. If there is an appeal of the Settlement, payment will be delayed. 

Unless you exclude yourself from the Settlement, and if you meet the class definition, you will be considered a member of the Class, which means you give up your right to sue or continue a lawsuit against Medicredit over the released claims. Giving up your legal claims is called a release. Unless you formally exclude yourself from the Settlement, you will release your claims against Medicredit.

For more information on the Release, Released Parties, and Released Claims, you may obtain a copy of the class action Settlement Agreement from the Clerk of the United States District Court for the Eastern District of Missouri, or on this Settlement Website.

You may exclude yourself from the Settlement, in which case you will not receive a payment. If you wish to exclude yourself from the Settlement, you must mail a written request for exclusion to the Claims Administrator, at the addresses set forth below, postmarked by December 6, 2022. You must include in your request for exclusion your:

a. Full name;
b. Address; 
c. Cellular telephone number called by Medicredit demonstrating that you are a member of the Class; and
d. A clear and unambiguous statement that you wish to be excluded from the Settlement, such as “I request to be excluded from the Settlement in the Miles v. Medicredit action.”

You must sign the request personally. If any person signs on your behalf, that person must attach a copy of the power of attorney authorizing that signature.

The Court will hold a Final Fairness Hearing on February 7, 2023, at 11:00 a.m. The hearing will take place in the United States District Court for the Eastern District of Missouri, Thomas F. Eagleton U.S. Courthouse, 111 South 10th Street, St. Louis, Missouri 63102. At the Final Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and, if so, whether Final Approval of the Settlement should be granted. The Court will hear objections to the Settlement, if any. The Court may make a decision at that time, postpone a decision, or continue the Hearing.

No. You are not required to attend the hearing. But you are welcome to attend the hearing at your own expense. You cannot speak at the Hearing if you have excluded yourself from the class Settlement. Once you have excluded yourself, the class Settlement does not affect your legal rights.

If you do not exclude yourself from the Settlement, you can object to the Settlement if you do not believe it is fair, reasonable, and adequate. If you wish to object, you must mail a written notice of objection, postmarked by December 6, 2022, to Class Counsel, Medicredit’s attorneys, and to the Court, at the following addresses: 

Class Counsel: 
Michael L. Greenwald
Greenwald Davidson Radbil PLLC
5550 Glades Rd., Suite 500 
Boca Raton, FL 33431

Defendant’s Counsel: 
Maura K. Monaghan
Debevoise & Plimpton LLP
919 Third Avenue 
New York, NY 10022

Court: 
U.S. District Court for the Eastern District of Missouri
Thomas F. Eagleton U.S. Courthouse
111 South 10th Street
St. Louis, MO 63102

You must include in your objection your:
a. Full name;
b. Address;
c. Cellular telephone number called by Medicredit to demonstrate that you are a member of the Settlement Class;
d. A statement of the specific objection(s);
e. The grounds for the objection(s);
f. Identification of any documents to show that you are a member of the Settlement Class or which you desire the Court to consider; and
g. A statement noting whether you intend to appear at the Fairness Hearing.

Any class member who objects to the Settlement and wishes to enter an appearance must do so by December 6, 2022. To enter an appearance, you must file with the Clerk of the Court a written notice of your appearance and you must serve a copy of that notice, by U.S. mail or hand-delivery, upon Class Counsel and Medicredit’s attorneys, at the addresses set forth below.

If you do nothing and the Court approves the Settlement Agreement, you will not receive a share of the Settlement Fund, but you will release any claim you have against Medicredit related to the allegations in this case. Unless you exclude yourself from the Settlement, you will not be able to sue or continue a lawsuit against Medicredit over the released claims.

If the Court does not finally approve the Settlement or if it finally approves the Settlement and the approval is reversed on appeal, or if the Settlement does not become Final for some other reason, you will receive no benefits and the lawsuit will continue. 

Mr. Miles’s attorneys are:
Michael L. Greenwald
Aaron D. Radbil
Greenwald Davidson Radbil PLLC
5550 Glades Rd., Suite 500 
Boca Raton, FL 33431

The Court has appointed Mr. Miles’s attorneys to act as Class Counsel. You do not have to pay Class Counsel. If you want to be represented by your own lawyer, and have that lawyer appear in Court for you in this case, you must hire one at your own expense.

Medicredit’s attorneys are:

Maura K. Monaghan
Jacob W. Stahl
Debevoise & Plimpton LLP
919 Third Avenue
New York, NY 10022

Scott J. Dickenson
Megan D. Meadows
Spencer Fane LLP
1 N. Brentwood Blvd., Suite 1000
St. Louis, MO 63105

Mr. Miles filed his class action lawsuit in the following Court:

United States District Court for the Eastern District of Missouri
Thomas F. Eagleton U.S. Courthouse
111 South 10th Street
St. Louis, MO 33401

The Notice is only a summary of the Settlement. All documents filed with the Court, including the full class action Settlement Agreement, may be reviewed or copied at the United States District Court for the Eastern District of Missouri. In addition, pertinent case materials, including the Settlement Agreement, are available on this Website.

If you would like additional information about this matter, please contact:

Miles v. Medicredit Claims Administrator
c/o Kroll Settlement Administration
P.O. Box 5324
New York, NY 10150-5324
Telephone: 833-512-2310

Please do not call the Judge about this case. Neither the Judge, nor the Clerk of Court, will be able to give you advice about this case. Furthermore, neither Medicredit nor Medicredit’s attorneys represent you, and they cannot give you legal advice. 

This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration LLC, the Claims Administrator approved by the Court. This is the only authorized website for this case.

Call
833-512-2310
Mail
Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

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Submit Claim

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Important Dates

  • Exclusion Deadline

    Tuesday, December 6, 2022 You must complete and mail your request for exclusion form so that it is postmarked no later than Tuesday, December 6, 2022. The deadline to submit exclusions has passed. 

  • Objection Deadline

    Tuesday, December 6, 2022 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that they are postmarked no later than Tuesday, December 6, 2022. The deadline to submit objections has passed. 

  • Claim Form Deadline

    Tuesday, December 6, 2022 You must submit your claim form online no later than Tuesday, December 6, 2022, or mail your completed paper claim form so that it is postmarked no later than Tuesday, December 6, 2022. The deadline to submit claim forms has passed. 

  • Final Fairness Hearing Date

    Tuesday, February 7, 2023

    Please use the following link to join the hearing: https://www.zoomgov.com/j/1608784858?pwd=TkxoMXphRDFNeVJFeFNlbHMwdGtXQT09 Or, go to zoomgov.com and type in the following ID and password: Meeting ID: 160 878 4858 Password: 512702

Important Documents

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