Curtis Neal v. Wal-Mart Stores, Inc., d/b/a Walmart and Synchrony Bank, f/k/a GE Capital Retail Bank

Case No. 3:17-cv-00022

Roy Campbell v. Synchrony Bank

Case No. 3:18-cv-00501

United States District Court Western District of North Carolina Charlotte Division

Frequently Asked Questions

  1. Why is this notice available?

    This is a notice of a proposed settlement in a class action lawsuit. The settlement would resolve the lawsuits Mr. Neal and Mr. Campbell filed against Synchrony. Please read this notice carefully. It explains the lawsuits, the settlement, and your legal rights, including the process for receiving a settlement award, excluding yourself from the settlement, or objecting to the settlement.

  2. What are the lawsuits about?

    Mr. Neal and Mr. Campbell filed class action lawsuits against Synchrony alleging that it violated the TCPA by using an automatic telephone dialing system, or an artificial or prerecorded voice to place calls to cellular telephones without prior express consent. Synchrony denies the allegations, denies that it used an automatic telephone dialing system to place calls to class members, and denies that it violated the TCPA. The Court did not decide who is right or wrong. The parties have agreed to a settlement.

  3. Why is this a class action?

    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.

  4. Why is there a settlement?

    Mr. Neal and Mr. Campbell, on the one hand, and Synchrony, on the other, agreed to settle the lawsuits to avoid the time, risk, and expense associated with them, and to achieve a final resolution of the disputed claims. The proposed settlement was reached after Mr. Neal, Mr. Campbell, and Synchrony attended a mediation. Under the settlement, participating class members will obtain a payment in settlement of the claims Mr. Neal and Mr. Campbell raised in the lawsuits. Mr. Neal and Mr. Campbell, and their attorneys, think the settlement is fair and reasonable.

  5. How do you know if your claims are included in the settlement?

    This settlement resolves claims on behalf of the following class:

    All persons and entities throughout the United States (1) to whom Synchrony Bank placed, or caused to be placed (either by one of its own employees or by an agent or vendor), a call, (2) directed to a telephone number assigned to a cellular telephone service, (3) by using an automatic telephone dialing system or an artificial or prerecorded voice, (4) from June 17, 2016 through October 19, 2020, (5) where the subject of the call was a Synchrony account that did not belong to the recipient of the call, and (6) where the recipient of the call did not provide Synchrony the telephone number to which it placed, or caused to be placed, the call.

  6. What does the settlement provide?

    Synchrony will establish a settlement fund in the amount of $2.9 million to compensate members of the class. Out of the settlement fund will be paid:

    1. Settlement compensation to class members;
    2. Notice and administration costs;
    3. An award of attorneys’ fees not to exceed one-third of the settlement fund, subject to the Court’s approval;
    4. Costs and expenses incurred litigating the claims in this matter, subject to the Court’s approval; and
    5. Service awards to Mr. Neal and Mr. Campbell not to exceed $10,000 each (i.e., a total of $20,000), 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 $2.9 million settlement fund as it exists after deducting:

    1. Notice and administration costs;
    2. An award of attorneys’ fees;
    3. Costs and expenses incurred by Mr. Neal and Mr. Campbell in litigating the claims in this matter; and
    4. Service awards to Mr. Neal and Mr. Campbell.

    It is estimated that each participating class member will receive between $25 and $50. The actual amount each participating class member will receive may be more or less depending on the number of class members who submit timely, valid claims.

  7. How can you get a payment?

    You must mail a valid claim form to the Neal and Campbell v. Synchrony Bank Settlement Administrator,1650 Arch Street, Suite 2210, Philadelphia, PA 19103 postmarked by March 1, 2021. Or you must submit a valid claim through the Submit a Claim page by March 1, 2021.

  8. When will you be paid?

    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 after the judgment in the lawsuit becomes final. If there is an appeal of the settlement, payment may be delayed.

  9. What rights are you giving up in this settlement?

    If you fall within the class, you will give up your right to sue or continue a lawsuit against Synchrony and other released parties over the released claims, unless you exclude yourself from the settlement (opt out) by following the instructions set out in this notice before the opt-out deadline. Giving up your legal claims is called a release. Unless you formally opt out from the settlement, you will release your TCPA-related claims against Synchrony and other released parties.

    For more information on the release, released parties, and released claims, you may obtain a copy of the class action settlement agreement on the Important Documents page, or from the Clerk of the United States District Court for the Western District of North Carolina.

  10. How can you exclude yourself from the settlement (opt out)?

    You may exclude yourself (opt out) from the settlement, in which case you will not receive a payment, and you will not release your claims against Synchrony and other released parties. If you wish to exclude yourself from the settlement, you must mail a written request for exclusion to the claims administrator at the following address, postmarked by February 15, 2021:

    Neal and Campbell v. Synchrony Bank Settlement Administrator
    ATTN: EXCLUSION REQUEST
    P.O. Box 58220
    Philadelphia, PA 19102

    You must include in your request for exclusion your:

    1. Full name;
    2. Address
    3. Telephone number called by Synchrony demonstrating that you are a member of the class; and
    4. 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 Neal and Campbell v. Synchrony Bank action.”

    You must sign the request personally.

  11. When and where will the Court decide whether to approve the settlement?

    The Court will hold a final fairness hearing on March 18, 2021, at 11:00 a.m. The hearing will take place in the United States District Court for the Western District of North Carolina, 401 West Trade Street, Charlotte, North Carolina 28202. 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.

    The date of the final fairness hearing may change without further notice. Class members should check this website or the Court’s Public Access to Court Electronic Records (PACER) system to confirm that the date has not changed.

  12. Do you have to attend the hearing?

    No, there is no requirement that you attend the hearing. However, 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 because the settlement no longer affects your legal rights.

  13. What if you want to object to the settlement?

    If you do not exclude yourself from the settlement, you can object to the settlement, or any part of it, 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 February 15, 2021, to the Court and counsel for the parties at the following addresses:

    Court
    United States Courthouse
    Charles R. Jonas Federal Building
    401 West Trade Street, Room 210
    Charlotte, NC 28202

    Class Counsel
    Aaron D. Radbil
    Greenwald Davidson Radbil PLLC
    401 Congress Avenue
    Suite 1540
    Austin, Texas 78701

    Synchrony’s Counsel
    Julia B. Strickland
    Stroock & Stroock & Lavan LLP
    2029 Century Park East
    18th Floor
    Los Angeles, California 90067

    You must include in your objection your:

    1. Full name;
    2. Address
    3. Documents establishing, or provide information sufficient to allow the parties to confirm, that you are a class member, including providing the cellular telephone number called;
    4. A statement of your specific objections;
    5. The grounds for your objection, as well as any documents you would like the court to consider; and
    6. The name of your attorney, if you are represented by one.

    Any objection to the proposed settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Fairness Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.

    Alternatively, you may submit an objection via this website at the “SUBMIT AN OBJECTION” tab, and your objection will be forwarded to the Court.

  14. By when must you enter an appearance?

    Any class member who objects to the settlement and wishes to enter an appearance must do so by February 15, 2021. 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 Synchrony’s attorneys, at the addresses set forth below.

  15. What if you do nothing?

    If you are a member of the class, 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 TCPA-related claims you have against Synchrony and other released parties. Unless you exclude yourself from the settlement, you will not be able to sue or continue a lawsuit against Synchrony and other released parties over the released claims.

  16. What will happen if the Court does not approve the settlement?

    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 from this settlement and the lawsuit will continue.

  17. Who are Mr. Neal’s and Mr. Campbell’s attorneys?

    Mr. Neal’s and Mr. Campbell’s attorneys are:

    Aaron D. Radbil
    Greenwald Davidson Radbil PLLC
    7601 N. Federal Highway
    Ste. A-230
    Boca Raton, FL 33487

    Stephen Taylor
    Lemberg Law, LLC
    43 Danbury Road
    Wilton, CT 06897

    The Court has appointed Mr. Neal’s and Mr. Campbell’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.

  18. Who are Synchrony’s attorneys?

    Synchrony’s attorneys are:

    Julia B. Strickland
    Stephen J. Newman
    Stroock & Stroock & Lavan LLP
    2029 Century Park East, 18th Floor
    Los Angeles, CA 90067

  19. Before what Court is this matter pending?

    This matter is pending in the United States District Court for the Western District of North Carolina, 401 West Trade Street, Charlotte, North Carolina 28202.

  20. Where can you get additional information?

    The notice summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the settlement agreement available on the Important Documents page, by contacting class counsel, by accessing the Court docket in this case, for a fee, through the Court’s PACER system, or by visiting the office of the Clerk of the Court for the United States District Court for the Western District of North Carolina, 401 West Trade Street, Charlotte, North Carolina 28202, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

    PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

    Or, to obtain additional information about this matter, please contact:

    Neal and Campbell v. Synchrony Bank Administrator
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103
    Telephone: 1-855-635-0809
    Email: info@NealTCPAsettlement.com

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