In a class action, one or more people called Class Representatives (here, Plaintiffs) sue on behalf of people who allegedly 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, Plaintiffs claim Defendants violated the TCPA by calling Plaintiffs’ cellular or landline telephone using an artificial or prerecorded voice utilizing an automatic telephone dialing system without obtaining prior express consent to do so. Defendants deny these allegations and deny any claim of wrongdoing. The Court has conditionally certified the Settlement Class for settlement purposes only. The Honorable Peter G. Sheridan is in charge of this action. The Court has not decided in favor of Plaintiffs or Defendants. Instead, both sides agreed to the Settlement, thereby avoiding the risk and cost of further litigation and ensuring Settlement Class Members will receive some compensation for their claims. Plaintiffs and Class Counsel think the Settlement is best for all persons in the Settlement Class.
The Court has certified the Settlement Class for settlement purposes only. The Settlement Class is defined as: All persons or entities within the United States who received any telephone calls from or on behalf of Defendants or their agents and/or employees made through the use of any automatic telephone dialing system or with an artificial or prerecorded voice between October 16, 2013 and June 1, 2015. If you are still not sure whether you are included, you can visit other sections of the Settlement Website, www.AWP-HomeDepotTCPA.com, you may write to the Claims Administrator at Manopla v. Home Depot USA, Inc. et al. Claims Administrator, c/o KCC Class Action Services, P.O. Box 404000, Louisville, KY 40233-4000, or you may call the Toll-Free Settlement Hotline, 1-866-683-9604, for more information.
The Court has appointed the law firms of Marcus & Zelman, LLC, DeNittis Osefchen Prince, P.C., and Todd M. Friedman, P.C., as Class Counsel to represent you and the other persons in the Settlement Class. You will not be personally charged by these lawyers.
THE SETTLEMENT BENEFITS – What does the settlement provide? Defendants will pay the total amount of $4,350,000 into the Settlement Fund, which will cover: (1) cash payments to the Settlement Class who submit timely and valid Claim Forms on a pro rata basis, up to $5,000 each; (2) an award of attorneys’ fees and costs to Class Counsel, in an amount not to exceed $1,522,500 (35%) of the Settlement Fund plus actual litigation expenses up to $50,000, as approved by the Court; (3) a service award to both Plaintiffs, in a total amount not to exceed $15,000, as approved by the Court; (4) the costs of notice and administration of the Settlement and; (5) if there are any uncashed checks after redistribution of the amount of uncashed checks becomes impracticable, a charitable contribution, which must also be approved by the Court. Payments.
The Settlement provides eligible Settlement Class Members who timely submit a valid Claim Form to receive a one-time estimated minimum payment in the amount of $110. To receive this payment, class members must timely complete and submit a Claim Form. To submit a Claim Form, follow the procedures described on, www.AWP-HomeDepotTCPA.com. Class members share of the Settlement Fund will depend on the number of valid Claim Forms that the Settlement Class submit. Class Counsel estimates that valid claimants will receive at least $110, up to a maximum of $5,000