Bayat v. Bank of the West TCPA Settlement
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Welcome to the Bayat v. Bank of the West Settlement Website

Bayat v. Bank of the West,
United States District Court for the Northern District of California,
Case No. 13-cv-2376 (EMC)


The Court and counsel regularly make modifications to the settlement website. Please check this settlement website on a regular basis for updates and additional information.


Information to Class Members

If automated calls were directed to your cell phone by Bank of the West, or an entity calling on its behalf, from November 2, 2008 through July 22, 2014, you may be entitled to benefits under a class action settlement. 

  • A settlement will provide $3,354,745.98 (the "Settlement Fund") to fully settle and release claims of persons to whom calls were placed on their cell phones by Bank of the West, or any entity calling on behalf of Bank of the West, using an automatic telephone dialing system or prerecorded or artificial voice during the time period set forth above. 
  • In addition to the Settlement Fund, settlement class members may submit a request to stop calls (referred to in the settlement agreement as a "Revocation Request") which will prevent Bank of the West from placing telephone calls to their cell phones through the use of an automatic telephone dialing system or prerecorded or artificial voice. Settlement class members who submit a request to stop calls will stop these calls. Settlement class members who fail to submit a request to stop calls will not stop such calls, and will be deemed to have given their legal consent to such calls in the future (except with respect to calls for purposes of telemarketing; the deemed consent does not extend to those calls).
  • Plaintiffs allege that certain of these calls violated the federal Telephone Consumer Protection Act (the "TCPA"). Bank of the West denies plaintiffs' allegations and denies any wrongdoing whatsoever. The Court has not ruled on the merits of plaintiffs' claims or Bank of the West's defenses. By entering into the settlement, Bank of the West has not conceded the truth or validity of any of the claims against it.
  • The Settlement Fund shall be used to pay all amounts related to the settlement, including awards to settlement class members who submit a valid and timely claim, attorneys' fees and costs for plaintiffs' counsel, any incentive awards for plaintiffs and the costs of administering the settlement. Class Counsel estimates that settlement class members who timely submit a valid claim will receive between $25 and $50. If there are any amounts remaining in the Settlement Fund after the administration is concluded, that money will be redistributed to settlement class members or distributed to a charity, the Opportunity Fund. 
  • The Court in charge of this case still has to decide whether to approve the settlement. Revocation requests will become effective and payments will be made if the Court approves the settlement and after any appeals are resolved. Please be patient. 


Please note the following important dates: 

Case Relevant Event Date
Claim Filing/Request to Stop Calls Deadline March 10, 2015
Opt-Out Deadline March 10, 2015
Objection Deadline March 10, 2015
Final Approval Hearing April 2, 2015 at 1:30 p.m.