Court-Ordered Legal Notice
This Notice may affect your legal rights. Please read it carefully.
WHO IS A CLASS MEMBER? You may be in the Settlement Class if, on June 11, August 19, or September 9, 2014, Venture Data placed a call to your cellular telephone line, using the Pro-T-S or CFMC dialer, and as part of a Public Opinion Strategies survey. If you are receiving this notice by mail, our records indicate that you are a class member.
SETTLEMENT TERMS Defendants will pay $2,100,000 into a fund that will cover: (1) cash payments to eligible Settlement Class Members who submit Claim Forms; (2) attorneys’ fees to Class Counsel not to exceed one-third of the total fund, plus expenses; (3) a court-approved service payment of $15,000 to the Class Representative; and (4) the costs of administering the settlement. Your share of the fund will depend on the number of claims made; however, Class Counsel estimates you will receive approximately $160, less Court‑approved deductions for settlement expenses, the service award, and attorneys’ fees and costs.
Your Rights and Options
Submit a Claim Form. To receive a cash payment, fill out a Claim Form online or send your claim form back in the mail. (Please note that the claims filing deadline passed on June 11, 2018.)
Opt Out. You may also exclude yourself from the lawsuit and keep your right to sue the Defendants on your own by sending a written request for exclusion to the Settlement Administrator, including your name, address, telephone number, the telephone number(s) which you maintain was called, the number of alleged unlawful calls received, a statement that you wish to be excluded from the Settlement of this litigation, and your signature by June 11, 2018. If you do not exclude yourself, you will be bound by the settlement and give up your right to sue regarding the settled claims.
Object. If you do not exclude yourself, you have the right to comment or object to the proposed settlement. Written objections must contain your name, address, telephone number, and signature, the telephone number that you maintain were called; all grounds for your objection, with factual and legal support for each stated ground; the identity of any witnesses you may call; copies of any exhibits you intend to present; the name, address, phone number and email of any lawyer who will be representing you, and a statement of whether you intend to appear at the Final Approval Hearing with or without counsel, The objection must be filed with the Court and mailed to Settlement Administrator, postmarked by June 11, 2018.
Do Nothing. If you do nothing, you will not receive any payment and will lose the right to sue regarding any issues relating to this action. You will be considered part of the Settlement Class, and you will be bound by the Court’s decisions.
Attend the Final Approval Hearing. The Court has set a hearing to decide whether the settlement should be approved on September 6, 2018 at 10:00 a.m. at the United States District Court for the Northern District of West Virginia, located at 1125 Chapline St., Wheeling, WV 26003. All persons who timely object to the settlement by June 11, 2018 may ask to appear at the Final Approval Hearing. The Court will also consider Class Counsel’s fee request, which will be posted on the Settlement Website on May 12, 2018
Do not contact the Court, the Defendants, or the Defendants’ lawyers with questions.