Case Information

  • Franklin v. Ocwen Loan Servicing LLC

  • United States District Court Northern District of California, San Francisco Division

  • 3:18-CV-03333-SI

  • (888) 406-0010

About This Case

If you received a call on a cell phone from Ocwen Loan Servicing, LLC between November 1, 2015 and November 30, 2015, inclusive, and did not consent to have that call being recorded, you may be entitled to benefits under a class action settlement.

A federal court authorized this notice. This is not a solicitation from a lawyer.

  • A consumer (“Class Representative”) brought a lawsuit alleging that Ocwen Loan Servicing, LLC (“Ocwen” or “Defendant”), violated the California Invasion of Privacy Act (“CIPA”), § 632.7(a), by recording its outgoing calls to his cell phone without his consent.
  • A settlement has been reached in this case, which affects certain individuals who were called on their cell phones by Ocwen between November 1, 2015 and November 30, 2015, inclusive (“Class Period”) and who did not consent to have the call(s) with Ocwen audio recorded.
  • The settlement, if approved, will provide a $1,500,000.00 fund from which eligible persons who file valid and timely claims will receive cash awards (“Settlement Fund”).
  • You are in the “Class” if you were called on a cell phone by Ocwen during the Settlement Class Period and did not receive an advisement at the outset of the call that it may be recorded. Under California law, you may be deemed to have consented to the audio recording of a call to your cell phone if you received an advisement at the outset of the call that the call may be recorded.
  • In addition to paying cash settlement checks to Settlement Class Members, the Settlement Fund will be used to pay attorneys’ fees and costs to attorneys representing the Class Representative and the Class (the “Class Counsel”), any service award to the Class Representative, the reasonable costs of notice and administration of the settlement, and a possible charitable contribution to one or more charities if there are funds remaining from uncashed settlement checks.
  • Your legal rights are affected whether you act or do not act.
  • Un aviso completo del acuerdo está disponible para ver o descargar, en español. Para un operador telefónico de habla hispana, llame al (888) 406-0010.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
Submit a Claim FormThis is the only way to get a cash payment. You can submit a valid and timely Claim Form by clicking on the Claim Form located at the top-right corner of this webpage. Or by mail to Franklin Settlement, PO Box 25414, Santa Ana, CA 92799 by June 14, 2022. If you fail to submit a claim, you will not receive a settlement payment.
Do NothingGet no payment. Give up any rights to sue Ocwen or anyone else separately regarding the legal claims in this case.
Exclude Yourself or “Opt Out” of the SettlementGet no payment. If you exclude yourself by June 24, 2022, you will not waive any rights you may have against Ocwen or anyone else with respect to the legal claims in this case.
ObjectWrite to the Court about why you believe the Settlement is unfair. Even if you file a valid and timely objection by June 24, 2022, you can still submit a Claim Form to receive a payment.
Go to a HearingAsk to speak in Court at the hearing on August 26, 2022, at 10:00 a.m., about the fairness of the Settlement if you file a valid and timely objection.

These rights and options - and the deadlines to exercise them - are explained in the notice. The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made on valid and timely claims if the Court approves the Settlement and after any appeals are resolved. Please be patient.