Class Action Lawsuit Against NCO/APAC


Case No. 12cv03590

Attorneys: Michael R. Fox, Daniel J. Voelker, Randall B. Gold

This case was filed on May 10, 2012 on behalf of Call Center Supervisors against NCO / APAC to recover overtime pay under the Fair Labor Standards Act.  The lawsuit claims that the Call Center Supervisors were misclassified as exempt employees, and were, therefore, not paid appropriate overtime.  Daniel J. Voelker of Voelker Litigation Group and Randall B. Gold of Fox & Fox S.C. represent the plaintiffs in this action. Read the Complaint.


Following the trial court’s preliminary approval of the NCO/APAC Class Action settlement on June 25, 2015, the Claims administrator appointed by the Court to run the Claims Process will calculate  the individual payment estimates for all former and current employees eligible to be paid from the settlement fund. The estimates should  be reviewed by the parties’ attorneys and finalized by the Claims Administrator on or before September 22, 2015.  Written notices informing all class members of their estimated payout and their rights, options or obligations under the settlement agreement should  be mailed to each member of the settlement class on or before November 2, 2015.

Am I Eligible?

To be eligible to join this lawsuit you must have:

  • Worked as a call center supervisor with NCO, also known as APAC, at any location across the country within the past 3 years; and
  • Worked overtime (you do not need any records of your overtime hours worked to be eligible).

How Do I Join This Case?

To join this lawsuit, you must complete a Consent Form sign it, and return it to us by mail for filing with the Court. If you do not return a Consent Form you are not part of this lawsuit and you will not receive any compensation that results from the lawsuit. The deadline to join the suit is 45 days after you receive notice of your right to join the suit.

Which Locations Are Included?

All NCO and APAC call center locations within the United States are covered under the lawsuit. However, the suit only covers call center supervisors.

What Time Frame Does This Case Cover?

The FLSA has a maximum statute of limitations of three (3) years.  If you choose to join this action, you may be able to recover damages if you were denied proper compensation for all hours worked, including overtime pay, for hours worked within three years of the date your Consent Form is filed. If you no longer work for NCO / APAC, it is in your best interest to join the lawsuit immediately to protect your potential overtime recovery.

If you still work for NCO/APAC, in addition to overtime you should have been paid in the past, you may also be entitled to recover overtime pay going forward.

Do I Have To Pay Anything?

No, you do not have to pay anything to join this lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful. If we are successful, our payment comes out of any settlement amount or final judgment amount from trial. If the case is unsuccessful, you are not responsible for any of the costs.

How Do I Prove I Worked Overtime?

Where the employer does not keep accurate time records, most courts permit the employee to make a good faith estimate of overtime hours. You do not need to have proof of the hours you worked and the court will generally accept a good faith estimate of your hours.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but most are resolved after one to three years of litigation.  Unless the case is settled earlier, we anticipate the case to be fully resolved in one to two years.

How Do I Update My Contact Information?

To update your contact information, please complete and submit the form on this page.

What About Retaliation?

The law protects you from retaliation for asserting your rights to recover wages under the Fair Labor Standards Act.  If you suffer retaliation, you may be able to assert additional claims. If you currently work for NCO or APAC, and believe that you are the victim of retaliation for participating in this lawsuit, contact us immediately.

Federal law also prohibits your employer from attempting to intimidate you in any way, shape or form from joining the lawsuit.  Your employer has a duty to post a copy of the Notice in a prominent place where it can be seen by all Call Center Supervisors.

How Can I Help?

If you have any information that may assist us with this case, specifically contact information for other class members, please contact us by phone or email. We are not seeking confidential or privileged information or documents.

How Do I Learn More?

To learn more about this case, feel free to contact us by phone or email. We will be happy to answer your questions. You can also review our case updates.

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