Common use of Released Claims Clause in Contracts

Released Claims. Plaintiffs and each Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law, or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that arise out of or relate in any way to: (i) Capital One’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from January 18, 2008, to June 30, 2014, and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members of the Settlement Class. Released Claims include all TCPA claims and all state law claims arising out of the same Calls to cellular telephones as the TCPA claims.

Released Claims. Plaintiffs and each Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means includes—in addition to any and all defenses, objections, rights, remedies, and benefits that may be derived from applicable law in any jurisdiction that may limit the extent or effect of the releases and other actions in this Agreement—any and all claims, demands, actions, suits, causes of action, suitscross- claims, counter-claims, rights, offsets, setoffs, debts, obligations, debts, demands, agreements, promises, liabilitiesjudgments, damages, charges, liens, harm, costs, surcharges, losses, controversies, costsattorneys’ fees, expenses, and attorneys’ fees liabilities of any nature kind whatsoever, whether based on any federal lawclass or individual, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion in law or declaratory ruling), common lawin equity, or otherwise, for or in connection with any consideration, thing of value, remedy, or relief of any kind whatsoever, whether joint or several, in law or in equity, substantive or nominal, or otherwise, including monetary, statutory, general, compensatory, special, liquidated, indirect, incidental, expectation, consequential, aggravated, and punitive damages, injunctive and declaratory relief, rescission, restitution, changes to credit, fees, penalties, fines, attorneys’ fees, costs, and expenses, whether known or unknown, alleged or not alleged, suspected or unsuspected, asserted contingent or unassertedvested, foreseen ▇▇▇▇▇▇ or unforeseeninchoate, actual accrued or contingentnot accrued, liquidated or unliquidated, punitive matured or compensatorynot, that any Releasor ever had, now has, or in the future can, shall, or may have, whether individually, representatively, derivatively, or otherwise, from or against any Released Person as of the date of the Final Preliminary Approval OrderOrder that concern, that relate to, arise out of, or are connected with the identical factual predicate of any individual or relate class claims in the Litigation, including any way conduct, statement, act, or omission that has been or could be alleged concerning, arising out of, relating to: , or connected with any Covered Contract, involving (i) Capital One’s use the repossession, surrender to, and control of an “automatic telephone dialing system” any Collateral by Ally or “artificial any Person on its behalf (regardless of whether the Collateral was subsequently redeemed, returned, or prerecorded voice” otherwise recovered), (ii) the charging, payment, collection, and attempted collection of amounts relating to contact any Covered Contract or attempt related account after the repossession by or surrender to contact Settlement Class Members Ally of the Collateral (including deficiencies after the sale or other disposition of any Collateral), (iii) any notice or other communication delivered or required to be delivered before, after, or otherwise in connection with Capital One’s Credit Card Accounts via Callsthe repossession, as defined abovesurrender, from January 18control, 2008or sale or other disposition of any Collateral, to June 30, 2014, and/or (iiiv) any Participating Vendor’s use sale or other disposition of an any Collateral after the repossession by or surrender to Ally of such Collateral, and (v) the furnishing of information to credit reporting agencies relating to any Covered Contract or related account and any notices related to such furnishing after the repossession by or surrender to Ally of Collateral. “automatic telephone dialing systemReleased Claims” also includes any claim or “artificial other matter of any kind whatsoever (as more fully set forth in the preceding sentence) that concerns, relates to, arises out of, or prerecorded voice” to contact is connected with (I) any act, omission, or attempt to contact Settlement Class Members error of a CRA in connection with Capital One’s Credit Card Accounts via CallsParagraph 4.3 or (II) any breach, as defined abovefailure to perform, or other act, omission, or error by any Person other than a Released Person in connection with this Agreement. Excluded from February 28“Released Claims,” however, 2009, to June 30, 2014. Released Claims include is any claim or other matter whatsoever involving the claims enforcement of Capital One Credit Card Account holders and non-account holders who are members of the Settlement Class. Released Claims include all TCPA claims and all state law claims arising out of the same Calls to cellular telephones as the TCPA claimsthis Agreement against Ally.

Released Claims. Plaintiffs Upon Final Approval, Releasing Persons, including Plaintiff and each Settlement Class Member, as well as their respective assignsshall, heirsby operation of the Final Approval Order, executorsautomatically be deemed to have fully, administratorsconclusively, successorsirrevocably, forever, and agentsfinally released, hereby release, resolve, relinquishrelinquished, and discharge each and all of discharged the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, actions, causes of action, suits, debts, sums of money, payments, obligations, debts, demands, agreementsreckonings, promises, liabilities, damages, lossesinterest, controversiespenalties, attorney’s fees and costs, expensesliens, judgments, and attorneys’ fees demands of any nature whatsoeverkind whatsoever that accrued to each Releasing Person during the Class Period, whether based on any federal lawin arbitration, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common lawadministrative, or equityjudicial proceedings, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, asserted whether based on federal, state, or unassertedlocal law, foreseen statute, ordinance, regulation, contract, common law, or unforeseenany other source, actual at law or contingentin equity, liquidated that were or unliquidatedcould have been alleged in the Litigation based on the facts pleaded in the Complaint dated February 1, punitive or compensatory, as 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval of the date of the Final Approval OrderSettlement, or that relate to, concern, arise out of from, or relate pertain in any way to: (i) Capital Oneto Allstate’s use audio recording of an “automatic telephone dialing system” calls to a cellular telephone. Released Claims shall include all such claims accruing during the Class Period, whether such claims are known or “artificial unknown, suspected or prerecorded voice” to contact unsuspected, contingent or attempt to contact matured. This Agreement is expressly conditioned upon the Judgment entered in connection with this Litigation containing a provision permanently barring and enjoining all Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from January 18, 2008, to June 30, 2014, and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact including Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members never received actual notice of the Settlement Class. Released Claims include all TCPA claims and all state law claims arising out who did not have actual knowledge of the same Calls Settlement) from filing, commencing, prosecuting, maintaining (including claims or actions already brought), intervening in, or participating in (as Settlement Class Members, individuals or otherwise) any action in any jurisdiction against any Released Party based on, arising from, or relating to cellular telephones any Released Claim accruing on or before the close of the Class Period. The proposed Settlement will become null and void and Plaintiff and Defendant will be restored to their positions as of January 12, 2024, if the TCPA Court does not approve this condition barring Settlement Class Members who do not submit a timely and valid Request for Exclusion from bringing or maintaining claims.

Released Claims. Upon the Effective Date, Plaintiffs and each Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law, or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that arise out of or relate in any way to: (i) Capital One’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from January 18, 2008, to June 30, 2014, and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members asserted or the factual allegations made in the Amended Complaint in this Action, including without limitation the marketing, advertising, promotion, or distribution of the Settlement Class. Released Claims include all TCPA claims Class Products and all state law claims arising out the purchase of any of the same Calls Class Products at any time during the Class Period. This release is intended to cellular telephones as cover the TCPA claimsfull scope allowed by ▇▇▇▇▇ v. Spring Corporation, 598 F.3d 581 (9th Cir. 2010).

Released Claims. Plaintiffs and each Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, demands, actions, causes of action, rights, offsets, setoffs, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losseslawsuits, controversiesliens, costs, expensessurcharges, and losses, attorneys’ fees fees, expenses or liabilities of any nature kind whatsoever, whether based on in law or in equity, for any federal lawrelief whatsoever, state lawincluding monetary, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion injunctive or declaratory ruling)relief, common lawrescission, general, compensatory, special, liquidated, indirect, incidental, consequential or equitypunitive damages, as well as any and all claims for penalties, attorney’s fees, costs or expenses, whether known or unknown, alleged or not alleged in the Litigation, suspected or unsuspected, asserted contingent or unassertedvested, foreseen accrued or unforeseen, actual or contingentnot accrued, liquidated or unliquidated, punitive matured or compensatoryunmatured, as that in any way concern, relate to, or arise out of the date Released Persons’ motor vehicle loans or repossessions of motor vehicles in connection with the Released Persons’ participation in the Portfolio Management Program, including but not limited to any claims related to the adequacy or sufficiency of notices and disclosures related to the Portfolio Management Program, or claims for conversion, which any of the Final Approval OrderReleasors have or may have had, or now have, from the beginning of time up through and including the Effective Date, against the Released Persons. It is the intention of the Releasors to provide a general release of the Released Claims against the Released Persons; provided, however, that anything in this Agreement to the contrary notwithstanding, the term Released Claims does not include any claims of any kind or type by the Releasors against any person, association or entity that is not a Released Person, whether such claims arise out of or relate in any way to: (i) Capital One’s use of an “automatic telephone dialing system” to the Portfolio Management Program administered or “artificial created by Centrix Financial, LLC or prerecorded voice” to contact some other conduct, transaction, loan or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from January 18, 2008, to June 30, 2014, and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members of the Settlement Class. Released Claims include all TCPA claims and all state law claims arising out of the same Calls to cellular telephones as the TCPA claimsoccurrence.

Released Claims. Upon the Effective Date, Plaintiffs and each Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law, or Case 3:15-cv-00165-L-AGS Document 232-8 Filed 03/06/20 PageID.10685 Page 21 of 87 equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that arise out of or relate in any way to: (i) Capital One’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from January 18, 2008, to June 30, 2014, and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members asserted or the factual allegations made in the Amended Complaint in this Action, including without limitation the marketing, advertising, promotion, or distribution of the Settlement Class. Released Claims include all TCPA claims Class Products and all state law claims arising out the purchase of any of the same Calls Class Products at any time during the Class Period. This release is intended to cellular telephones as cover the TCPA claimsfull scope allowed by ▇▇▇▇▇ v. Spring Corporation, 598 F.3d 581 (9th Cir. 2010).

Released Claims. Plaintiffs Upon the Effective Date, Plaintiff and each Final Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs Plaintiff and the Final Settlement Class Members further agree that they will not institute or maintain any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released ClaimsClaims as against the Released Parties. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, causes of action, suits, obligationsclaims, debtsliens, demands, agreementsjudgments, promises, liabilitiescosts, damages, lossesobligations, controversies, costs, expenses, and attorneys’ fees of (except as provided for in the Class Settlement and ordered by the Court in accordance with this Agreement), and all other legal responsibilities in any nature whatsoeverform or nature, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, including but not limited to, all claims relating to or arising out of any opinion or declaratory ruling)state, common lawlocal, or federal statute, ordinance, regulation, or claim at common law or in equity, whether past, present, or future, known or unknown, suspected or unsuspected, had or has now or as of the Effective Date as against the Released Parties, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that arise arising out of or relate in any way related to: (i1) Capital One’s claims that were asserted in this Litigation; or 2) claims that could have been asserted in this Litigation based on the same operative facts, including but not limited to claims relating to any of the following: toll administration or enforcement, penalty imposition or enforcement, or the receipt, use or transmission of an PII. “automatic telephone dialing systemReleased Claims” also means and includes any claim against any person or “artificial entity asserting that compliance with the obligations imposed by this Settlement Agreement and/or the Court approved class notice requirements violates Cal. Streets & Hwy Code § 31490 or prerecorded voice” any other federal, state or local statute, rule, regulation or policy purporting to contact or attempt limit the disclosure of the personally identifiable DocuSign Envelope ID: 1FE8A2E0-235F-4109-A165-D1557404B920 information reasonably necessary to contact provide notice to the Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from January 18, 2008, and to June 30, 2014, and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members of the Settlement Class. Released Claims include all TCPA claims and all state law claims arising out of the same Calls to cellular telephones as the TCPA claimsotherwise implement this Settlement.

Released Claims. Upon the Effective Date, Plaintiffs and each Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge arge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute against the Released Parties any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, causes of action, suits, obligationsclaims, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expensesliens (except as provided for in the Class Settlement), and attorneys’ fees of all other legal responsibilities in any nature whatsoeverform or nature, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, including but not limited to, all claims relating to or arising out of any opinion or declaratory ruling)state, common lawlocal, or federal statute, ordinance, regulation, or claim at common law or in equity, whether past, present, or future, known or unknown, suspected or unsuspected, asserted or unasserted, foreseen arising out of or unforeseenin any way related to: (1) claims that were asserted in this Litigation; or (2) claims that could have been asserted in this Litigation based on the same operative facts, actual or contingent, liquidated or unliquidated, punitive or compensatory, as including but not limited to claims relating to any of the date following: toll administration or enforcement, penalty imposition or enforcement, or the receipt, use or transmission of personal information. Releasing Parties also release any claim against Released Parties as well as TCA, OCTA, BRiC TPS, LLC, Cofiroute USA, LLC, any other person or entity who provides information to the Final Class Administrator pursuant to the Preliminary Approval Order, and any of their respective officers, agents, employees and attorneys, asserting that arise out compliance with the obligations imposed by this Settlement Agreement, the Preliminary Approval Order, and/or the Court approved class notice requirements violates Cal. Streets & Hwy Code § 31490 or any other federal, state or local constitution, statute, rule, regulation or policy purporting to limit the use or disclosure of or relate in any way to: (i) Capital One’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” the personally identifiable information reasonably necessary to contact or attempt provide notice to contact the Settlement Class Members in connection with Capital One’s Credit Card Accounts via Callsand to otherwise implement this Settlement. DATED: December , as defined above2020 FAEGRE DRINKER ▇▇▇▇▇▇ & ▇▇▇▇▇ LLP ▇▇▇▇▇ ▇. ▇▇▇ ▇▇▇▇ Attorney for Defendant 3M Company DATED: December , from January 182020 ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇, 2008LLP By ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Co-Lead Class Counsel DATED: December , to June 302020 ▇▇▇▇▇▇▇▇▇ LAW FIRM, 2014APC By ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Co-Lead Class Counsel DATED: December , and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement 2020 ▇▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP By ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Co-Lead Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members of the Settlement Class. Released Claims include all TCPA claims and all state law claims arising out of the same Calls to cellular telephones as the TCPA claims.Counsel