Frequently Asked Questions

It is a notice of a settlement. The settlement would resolve the class action lawsuits Ms. Head and Mr. Newton filed against Citibank. Please read the notice carefully. It explains the class action lawsuits, the settlement, and legal rights you may have, including the process for receiving a settlement payment if you are a Settlement Class Member, excluding yourself from the settlement, or objecting to the settlement.

Ms. Head and Mr. Newton filed class action lawsuits against Citibank, alleging that Citibank violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, by placing calls to cellular telephone numbers of noncustomers, in connection with which Citibank used an artificial or prerecorded voice, absent prior express consent. More specifically, Ms. Head and Mr. Newton allege that Citibank violated the TCPA by placing calls regarding past-due credit card accounts, using an artificial or prerecorded voice, to cellular telephone numbers not assigned to current or former Citibank cardholders, customers, or authorized users, between August 15, 2014 and July 31, 2024.

The TCPA allows for damages of $500 per violation, and up to $1,500 for willful violations. However, prior express consent is a complete defense to a claim under the TCPA.

Citibank denies that it violated the TCPA, and asserts a number of defenses—including prior express consent that could impact the amount of damages available, if any, to Settlement Class Members if Ms. Head and Mr. Newton were to have ultimately prevailed on their claims. No decision has been rendered by the Court on whether Citibank violated the TCPA.

You can find additional information about Ms. Head’s and Mr. Newton’s claims in the Court Documents Page.

In a class action, one or more people called “class representatives” file a class action 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 at once, except for those who first exclude themselves from the class. The Court previously certified this matter as a class action.

You can find the Court’s January 27, 2022 Order certifying the class in the Court Documents Page.

Ms. Head and Mr. Newton, on the one hand, and Citibank, on the other, have agreed to a settlement to avoid the substantial time, risk, burdens, and expense associated with the lawsuits, and to achieve a final resolution of the disputed claims. The proposed settlement was reached after Ms. Head, Mr. Newton, and Citibank attended mediation with retired Judge Steven Gold, an experienced mediator. Under the settlement, Settlement Class Members who submit a timely and valid claim will obtain a payment in settlement of the claims raised in the class action lawsuits. Ms. Head, Mr. Newton, and their attorneys think the settlement is fair and reasonable.

No. The Court did not decide whether Citibank violated the TCPA. Citibank denies that it violated the TCPA.

The settlement resolves claims on behalf of the following Settlement Class:

All persons and entities throughout the United States (1) to whom Citibank, N.A. placed a call in connection with a past-due credit card account, (2) directed to a number assigned to a cellular telephone service, but not assigned to a current or former Citibank, N.A. customer or authorized user, (3) via its Aspect dialer and with an artificial or prerecorded voice, (4) from August 15, 2014 through July 31, 2024.

Citibank will establish a Settlement Fund in the amount of $29.5 million to compensate members of the Settlement Class who submit timely and valid claims. The Settlement Fund will be used to pay:

a. Settlement awards to participating Settlement Class Members;
b. Notice and administration costs not to exceed $975,000;
c. An award of attorneys’ fees not to exceed one-third of the Settlement Fund ($9,833,333.33), subject to the Court’s approval;
d. Litigation costs and expenses incurred in litigating the TCPA claims in this matter not to exceed $60,000, subject to the Court’s approval;
e. An incentive award to Ms. Head not to exceed $15,000, subject to the Court’s approval; and
f. An incentive award to Mr. Newton not to exceed $10,000, subject to the Court’s approval.

Each member of the Settlement Class 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 $29.5 million Settlement Fund as it exists after deducting:

a. Notice and administration costs;
b. Attorneys’ fees;
c. Litigation costs and expenses incurred in litigating the claims in this matter; and
d. Incentive awards to Ms. Head and Mr. Newton.

It is estimated that each participating member of the Settlement Class will receive between $350 and $850. The actual amount each participating member of the Settlement Class will receive may be more or less, depending on the number of Settlement Class Members who submit timely, valid claims.

Participating Settlement Class Members will be limited to a recovery of $2,500 unless they provide documentary evidence in the form of, for example, telephone records from their wireless carrier, screen shots from their cellular telephones, or other documentary evidence demonstrating that they received more than five prerecorded calls from Citibank. In such circumstances, participating Settlement Class Members who provide documentary evidence demonstrating that they received more than five prerecorded calls from Citibank may receive additional compensation in the form of a pro rata portion of the remaining funds if participating Settlement Class Members have already received $2,500 each. Participating Settlement Class Members will be notified if settlement awards reach the maximum $2,500 threshold so that they have an opportunity to provide documentation of receipt of more than five prerecorded calls and receive an additional payment.

To receive a payment, you must mail a valid Claim Form to the Head v. Citibank, N.A. Claims Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134 postmarked by December 20, 2024. Or you may submit a claim through this website by December 20, 2024. The Claim Form is available in the File a Claim Page. For a Claim Form to be considered valid, you must include: (1) your name and address; (2) your Claim ID number; (3) the cellular telephone number that you used or subscribed to during the Settlement Class Period; (4) your signature; and (5) an affirmation that you are not and were not a Citibank accountholder, customer, or authorized user and received a call with an artificial or prerecorded voice from Citibank on your cellular telephone between August 15, 2014 and July 31, 2024 concerning a past-due credit card account.

If the Court grants final approval of the settlement, settlement payments will be sent to Settlement Class Members who submitted timely and 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.

If you fall within the Settlement Class, and unless you exclude yourself from the settlement, you will give up your right to sue or continue a lawsuit against Citibank over the released claims. Giving up your legal claims is called a release. If you fall within the Settlement Class, unless you formally exclude yourself from the settlement, you will release certain claims you may have against Citibank.

For more information about the release, released parties, and released claims, you may obtain a copy of the class action Settlement Agreement in the Court Documents Page, or from the clerk of the United States District Court for the District of Arizona.

If you fall within the Settlement Class, you may exclude yourself from the settlement, in which case you will not receive a payment, you will not release any claims you may have against Citibank, and you will not be able to object to the settlement. If you fall within the Settlement Class, and 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 December 20, 2024:

Head v. Citibank, N.A. Claims Administrator
ATTN: EXCLUSION REQUEST
P.O. Box 301134
Los Angeles, CA 90030-1134

You must include in your request for exclusion your:

a. Full name;
b. Address;
c. Claim ID number;
d. Cellular telephone number called by Citibank demonstrating that you are a member of the Settlement Class;
e. 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 Head v. Citibank, N.A. action;” and
f. Signature. 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 January 14, 2025, at 1:00 p.m. (Mountain Standard time). The hearing will take place in the Sandra Day O’Connor U.S. Courthouse, 401 West Washington Street, Phoenix, AZ 85003-2118. 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 also 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. Settlement Class Members should check this settlement website, or the Court’s Public Access to Court Electronic Records (“PACER”) site to confirm whether the date has changed.

No, there is no requirement that you attend the final fairness 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 Settlement Class because the settlement no longer affects your legal rights.

If you are a member of the Settlement Class, and if you do not exclude yourself from the Settlement Class, you can object to the settlement, or the request for attorneys’ fees and expenses and class representative incentive awards. If you are a member of the Settlement Class, and if you wish to object, you must mail a written notice of objection, postmarked by December 20, 2024, to Class Counsel, counsel for Citibank, and to the Court, at the following addresses:

You must include in your objection your:

a. Full name;
b. Address;
c. Claim ID number;
d. Cellular telephone number called by Citibank to demonstrate that you are a member of the Settlement Class;
e. Statement that you are not a current or former Citibank customer, accountholder, or authorized user;
f. Statement demonstrating membership in the Settlement Class;
g. Identification of any documents to show that you are a member of the Settlement Class or which you desire the Court to consider;
h. A statement setting forth the factual and/or legal basis of your objection and noting whether you intend to appear at the fairness hearing; and
i. Your signature.

 You can ask the Court to deny approval of the settlement by filing an objection. You cannot ask the Court to order a different settlement. The Court can only approve or reject the settlement. If the Court denies approval, no settlement payments will be sent out and the class action lawsuit will continue.

 Any objection to the proposed settlement must be in writing. If you are a member of the Settlement Class, and if you file a timely written objection, you may, but are not required to, appear at the final 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.

Any Settlement Class Member who objects to the settlement and wishes to enter an appearance must do so by December 20, 2024. 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 counsel for Citibank, at the addresses set forth in the notice.

If you are a member of the Settlement 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 certain claims you may have against Citibank. If you fall within the Settlement Class, unless you exclude yourself from the settlement, you will not be able to sue or continue a lawsuit against Citibank 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 from the settlement and the class action lawsuit will continue.

The attorneys for the Settlement Class are:

Michael L. Greenwald
Aaron D. Radbil
Greenwald Davidson Radbil PLLC
5550 Glades Road, Suite 500
Boca Raton, FL 33431
[email protected]
[email protected]

Matthew R. Wilson
Michael J. Boyle, Jr.
Meyer Wilson Co., LPA
305 West Nationwide Blvd.
Columbus, OH 43215
[email protected]
[email protected]

The Court has appointed these attorneys to act as Class Counsel. You do not have to separately 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.

Citibank’s attorneys are:

Daniel JT McKenna
Ballard Spahr LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103-7599
[email protected]

Matthew A. Morr
Ballard Spahr LLP
1225 17th Street, Suite 2300
Denver, CO 80202-5596
[email protected]

This lawsuit is pending in the following court:

United States District Court for the District of Arizona
Sandra Day O”Connor U.S. Courthouse
401 West Washington Street, SPC 1
Phoenix, AZ 85003-2118

Receiving the notice or a postcard notice does not necessarily mean that you are a Settlement Class Member, nor does not receiving a postcard notice necessarily mean that you are not a Settlement Class Member. To receive updates on this case, please check this settlement website. You may also contact the Claims Administrator or Class Counsel identified above.

To update your contact information, please contact the Claims Administrator, Verita Global, at Head v. Citibank, N.A. Claims Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134.

The notice summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the Settlement Agreement available in the Court 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 District of Arizona.

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

Head v. Citibank, N.A. Claims Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134
1-844-504-1775

Please do not call the judge about this class action. Neither she, nor any court personnel, will be able to give you advice about this class action. Furthermore, because neither Citibank nor Citibank’s attorneys represent you, they cannot give you legal advice about this class action.