Frequently Asked Questions

The purpose of the Notice is to inform you that a proposed Settlement has been reached in the class action lawsuit entitled Truong v. Truist Bank, filed in the United States District Court for the Western District of North Carolina, case no. 23-cv-00079. It is extremely important that you read the Notice carefully because your rights will be affected by this Settlement. The Notice summarizes the Settlement and your rights under it.

If you received an email or mailing describing this Settlement, it is because the call records compiled in this case indicate that you may be a member of the Settlement Class.

In a class action, one or more people called Class Representatives (here, Plaintiff, Kevin Truong) sue on behalf of people who have similar claims. This group is called a class and the persons included are called class members. One court resolves the issues for all of the class members, except for those who exclude themselves from the class.

Here, Plaintiff claims Truist violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”) by placing prerecorded calls to cellular telephone numbers without prior express consent. The calls at issue in this case are alleged to have been placed to persons concerning Truist accounts unrelated to the person called. The defendant denies these allegations and any wrongdoing The Court has conditionally certified a class action for Settlement purposes only. The Honorable Max O. Cogburn, Jr. is the judge in charge of the action.

The Court did not decide in favor of Plaintiff or Truist. Instead, the parties agreed to this Settlement. This way, the parties avoid the risk, uncertainty and cost of a trial, and the Settlement Class Members will receive compensation. Plaintiff and Class Counsel think the Settlement is best for all persons in the Settlement Class.

The Court has certified a class action for Settlement purposes only. The Settlement Class is defined as: 

The subscribers or regular users of the 5,998 telephone numbers assigned to cellular telephone service in the United States to which Truist placed a prerecorded telephone call concerning an unrelated account between February 10, 2019, and August 31, 2022.

The Settlement Class Members were identified by call records compiled in the litigation. If you received Notice of the Settlement via mail or email, you appear to be a member of the class. If you are not sure whether you are included, you can visit other sections of the Settlement Website, you may contact Class Counsel at 1-866-726-1092 or [email protected].

The Court has appointed Keith J. Keogh and Timothy Sostrin from the law firm of Keogh Law, Ltd. as Class Counsel to represent you and the other persons in the Settlement Class. You will not be personally charged by these lawyers.

Class Counsel will be paid from the Settlement Fund.  Class Counsel will ask the Court to approve payment of attorneys’ fees of up to one-third of the Settlement Fund, which is $1,336,666, as well as payment of reasonable expenses incurred in the litigation. Class Counsel also will ask the Court to approve payment of $25,000 to Plaintiff for his services as Class Representative. The Court may award less than these requested amounts.

Class Counsel’s fee petition, along with all Settlement-related filings, will be posted on the Case Documents tab by July 10, 2025.

Settlement Fund. Truist will pay $4,100,000 into the Settlement Fund, which will cover: (1) cash payments to Settlement Class Members; (2) an award of attorneys’ fees and expenses to Class Counsel, plus expenses, as approved by the Court; (3) service award to the Plaintiff, Kevin Truong, in an amount approved by the Court; and (4) the costs of Notice and administration of the Settlement.

Class Counsel estimates that the amount of the cash award to each Settlement Class Member will be approximately $440. This is an estimate only. The final cash payment amount will depend on the final cost of Notice and administration, and the amounts awarded or attorneys’ fees, expenses, and any incentive award.

Unless you exclude yourself from the Settlement, you will be a Settlement Class Member and will be bound by the release of claims in the Settlement. This means that if the Settlement is approved, you cannot rely on any Released Claim to sue, or continue to sue, Truist or other Released Parties, on your own or as part of any other lawsuit, as explained in the Settlement Agreement. It also means that all of the Court’s orders and rulings will apply to you and legally bind you. Unless you exclude yourself from the Settlement, you will agree to release Truist and all other Released Parties from any and all of the Released Claims, as defined in the Settlement Agreement.

In summary, the Plaintiff and all Settlement Class Members, other than those who submit timely and proper Opt-Out Requests, and their heirs, executors, personal representatives, administrators, agents, attorneys, predecessors, successors, and assigns, will release Truist and its respective present and future parent, subsidiary, affiliated and related entities, successors and assigns, and the owners general and limited partners, shareholders, directors, officers, and employees of the foregoing entities from all claims, demands, damages, debts, liabilities, accounts, obligations, costs, expenses, liens, actions and/or causes of action relating to the prerecorded calls placed to them.

If you have any questions about the Release or what it means, you may contact Class Counsel at 1-866-726-1092 or [email protected]. Or you may talk to your own lawyer at your own expense.

If you received Notice in the mail, a paper check will be mailed to you. You may update your address by emailing us at [email protected].

Payments will be made only after the Court finally approves the Settlement and any appeals are resolved. The Court will hold a hearing on October 16, 2025 at 9:30 a.m. to decide whether to finally approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It is always uncertain whether appeals will be made, and if so, when they may be resolved. To stay informed of the progress of the Settlement, please check the Settlement Website. Please be patient.

If you want to keep the right to sue, or continue to sue Truist or a Released Party, as defined in the Settlement Agreement, then you must take steps to exclude yourself from or “opt out” of the Settlement.

Persons in the Settlement Class may request exclusion from the Settlement by sending a written request to the Settlement Administrator at Truist Bank TCPA  Settlement Administrator, P.O. Box 301132, Los Angeles, CA 90030-1132 no later than September 8, 2025 . Exclusion requests must: (i) be signed by the person in the Settlement Class who is requesting exclusion, or by their attorney or agent; (ii) include the name and address of the person in the Settlement Class requesting exclusion; and (iii) include a statement or words to the effect of the following: “I request to be excluded from the Settlement in the Truist Bank TCPA Settlement Administrator, P.O. Box 301132, Los Angeles, CA 90030-1132 action, and understand that by doing so I will not be entitled to receive any of the benefits from the Settlement."

No request for exclusion will be valid unless all of the information described above is included. No person in the Settlement Class, or any person acting on behalf of or in concert or participation with that person in the Settlement Class, may exclude any other person in the Settlement Class from the Settlement Class.

To be valid, you must mail your exclusion request postmarked no later than September 8, 2025, and sent to the Settlement Administrator at Truist Bank TCPA Settlement Administrator, P.O. Box 301132, Los Angeles, CA 90030-1132.

No. If you do not exclude yourself, you give up any right to sue (or continue to sue) Truist or any Released Parties for the claims that this Settlement resolves.

No. If you exclude yourself, you will not be able to receive a payment from the Settlement Fund and you cannot object to the Settlement.

If you are in the Settlement Class and do not request exclusion, you can object to the Settlement or any part of the Settlement that you think the Court should reject, and the Court will consider your views.

To object, the Settlement Class Member must make the objection in writing, sign, or have their attorney or agent sign, the objection, and both file it with the Court and mail it to the attorneys in the action as set forth below by September 8, 2025.

An objection must contain the following information: (i) Claim ID, full name, current address, current telephone number; (ii) documentation sufficient to establish membership in the Settlement Class; (iii) a statement of reasons for the objection, including the factual and legal grounds for the objector’s position; and (iv) copies of any other documents the objecting Settlement Class Member wishes to submit in support of his/her/its position.

To be considered, you must file your objections with the Court and mail your objections to the addresses below no later than September 8, 2025.

Any Settlement Class Member who fails to comply with the provisions set forth above shall waive and forfeit any and all rights to appear separately and/or to object, and shall be bound by all the terms of this Settlement, and by all proceedings, orders, and judgments in the litigation.

Excluding yourself means that you do not want to be a Settlement Class Member and participate in the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you. Objecting is telling the Court that you do not like something about the Settlement. You can object only if you do not exclude yourself from the Settlement.

The Court will hold a Final Approval Hearing on October 16, 2025, in Courtroom #5A, at 9:30 a.m., which may be conducted by remote or electronic means. The date and time of the hearing is subject to change without further Notice, so please visit the website for the latest updated information.  At this hearing, the Court will consider whether the Settlement is fair easonable and adequate. If there are valid objections that comply with the requirements in FAQ 16, the Court also will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel and Plaintiff.

The Final Approval Hearing may be moved to a different date or time without additional Notice, so it is a good idea to check the Settlement Website for updates.

No. Class Counsel will appear on behalf of the Settlement Class Members. But, you are welcome to come, or have your own lawyer appear, at your own expense.

You may ask the Court for permission to speak at the Final Approval Hearing, but only in connection with an objection that you have timely submitted to the Court according to the procedure set forth in FAQ 16 above. You cannot speak at the hearing if you exclude yourself from the Settlement.

In order to speak at the hearing regarding an objection, you must file with the Court, and serve on all counsel a Notice of intention to appear by September 8, 2025. The Notice of intention to appear must include copies of any papers, exhibits, or other evidence of the objection you will present to the Court.  Unless otherwise ordered by the Court, if you do not timely provide a Notice of intention to appear in conformance with these requirements, you may be barred from presenting any views at the Final Approval Hearing.

The Notice is only a summary of the proposed Settlement. You can get a copy of the Settlement Agreement here,  along with copies of the public pleadings, all Settlement-related filings, any petitions for payment of attorneys’ fees, expenses, and incentive awards on the Case Documents tab.  You will also find instructions for updating your address, or opting out or objecting to the Settlement.  For additional information, you may also contact Class Counsel at 1-866-726-1092 or [email protected].

DO NOT CALL OR WRITE TO THE COURT, THE CLERK OF THE COURT, TRUIST, OR TRUIST’S COUNSEL ABOUT THE SETTLEMENT.