Plaintiff v. Defendant LLC, et al.

The Lawsuit alleges that Defendant LLC charged certain consumers for products and services without first making disclosures required by law. Although defendants believe their practices complied with law and deny the allegations of the Lawsuit, defendants chose to settle this case without admitting any liability.

In a class action, one or more people called Named Plaintiffs or Class Representatives on behalf of people who may have similar claims. The people put together are a “Class” or “Class Members.”

Although Defendants believe their practices complied with California law and deny the allegations of the Lawsuit, Defendants chose to settle this case without admitting any liability.

The parties have exchanged detailed information about the claims, defenses, and alleged damages in the Lawsuit. After lengthy settlement negotiations overseen by an independent mediator, the parties have reached a proposed Settlement that, if approved by the Court, will resolve the claims asserted against Defendants. Plaintiff and her counsel believe the Settlement is fair, reasonable, and in the best interests of the Class Members. In entering into the Settlement, Defendants continue to deny any and all allegations of liability, fault, or wrongdoing asserted in the Lawsuit.

The Settlement Class includes all residents who were charged for a product or service by Defendant LLC between January 1, 2021 and December 31, 2021.

In full and complete settlement of the claims of the Class Members who do not exclude themselves, Defendants will pay the principal amount of $XXXXX (the “Settlement Amount”). The Settlement Amount, plus any interest thereon, will be used to pay Class Counsel’s attorneys’ fees and litigation expenses (both as approved by the Court), any service payments that the Court may award to the Class Representative, the expenses of settlement administration (including class notice), and the settlement payments to the Class Members who submit timely and valid Claims. If any funds are remaining by reason of uncashed settlement checks or otherwise, the remaining amount will be paid to one or more cy pres recipients approved by the Court, or as otherwise directed by the Court. In addition to the monetary consideration, the Settlement also includes injunctive relief.

Class Members have four options under the Settlement. If you are a Class Member, you may:

1. File a Claim. To potentially qualify for a monetary payment from the Settlement, potential Class Members must file a Claim.

(a) Class Members whose name, address, and/or email information is reflected in the business records produced by Defendants are being sent a Court-approved Summary Class Notice via email or mail, which includes a hyperlink to the Settlement Website or other information which enables those Class Members to submit a Claim electronically via the Settlement Website. The deadline for submitting a Claim is December 1, 20XX. If you miss this deadline, you will not receive any money under the Settlement, but you will be bound by the other terms of the Settlement if you do not request exclusion from the Settlement.

(b) Potential Class Members who do not receive a Summary Class Notice via email or mail may print a Claim Form from the Settlement Website or request a Claim Form from the Settlement Administrator. A printed Claim Form must be completed, dated by the Claimant, signed by the Claimant, and returned to the Settlement Administrator via U.S. Mail, personal delivery, or email. Upon receipt of a Claim Form, the Settlement Administrator will verify whether the Claimant is a member of the Class by comparing the information provided on Claim Form against the records of Defendants. The deadline for submitting a Claim is December 1, 20XX. If you miss this deadline, you will not receive any money under the Settlement, but you will be bound by the other terms of the Settlement if you do not request exclusion from the Settlement. If you submit a Claim that is timely and that is validated by the Settlement Administrator, you will be a Participating Class Member and, if the Settlement is given final court approval, you will be entitled to receive a settlement payment in accordance with the terms of the Settlement.

2. Do Nothing. If you do nothing, you will not be a Participating Class Member and you will not qualify to receive a monetary payment, but you will be bound by the release in the Settlement Agreement.

3. To Be Excluded From the Settlement. Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator. The request for exclusion must be in writing, and must list the Class Member’s name, address, and telephone number, along with the statement: “I wish to be excluded from the Plaintiff v. Defendant LLC, et al. Settlement,” or words to that effect, and must be dated and personally signed by the person requesting exclusion. To be timely, the request for exclusion must be returned to the Settlement Administrator no later than December 1, 20XX. If the request for exclusion is returned by U.S. Mail, the date of return will be the date of the postmark. If the request for exclusion is returned by personal delivery or email, the date of return will be the date the request for exclusion is received by the Settlement Administrator. Those Class Members who submit timely and valid requests for exclusion in the form described above will be referred to as “Excluded Class Members.” Excluded Class Members will not receive any consideration under the Settlement and will not be bound by any provision of the Settlement. Requests for exclusion can be mailed or delivered to the Settlement Administrator, as follows: Plaintiff v. Defendant LLC, et al. Settlement Administrator, c/o CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606; email: DemoSite@cptgroup.com. A judgment in the action will bind all Class Members who do not timely request exclusion. Any Class Member may enter an appearance through counsel. You may not submit both a Claim Form and a letter requesting to be excluded from this Settlement.

4. To Object to the Settlement. Any Class Member who wishes to object to the Settlement may do so orally or in writing. Any written objection must be filed with the Court and served on Class Counsel, Defendants’ counsel, and the Settlement Administrator, no later than December 1, 20XX.

For more information regarding your options as a Class Member, please read the Long Form Notice

The Court appointed the law firm of Lawyers R Us LLP as Class Counsel for settlement purposes.

Class Counsel represent the interests of the Settlement Class. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will file a motion requesting an award of attorneys’ fees of up to 38% of the Settlement Amount, plus actual litigation expenses not exceeding $50,000. Defendants have agreed that they will take no position regarding these requests, provided the requests made to the Court are consistent with this Section. As soon as practicable following the Effective Date, the Settlement Administrator will pay to Class Counsel from the Settlement Amount the attorneys’ fees and litigation expenses awarded by the Court. These amounts are all subject to Court approval.

The Court will hold a hearing on December 31, 20XX, at 9:00 A.M. PST to determine whether the Settlement should be finally approved and to rule on Class Counsel’s motion for award of attorneys’ fees, reimbursement of litigation expenses, and class representative service payments. The Court is located at 700 W Civic Center Dr, Santa Ana, CA 92701. Persons interested in attending or participating in the hearing should consult the Court’s website, for further information. The hearing may be continued without further notice. YOU ARE NOT REQUIRED TO ATTEND THE HEARING, BUT YOU MAY IF YOU CHOOSE.

No. Class Counsel will be prepared to answer any questions the Court may have at the Fairness Hearing. However, you are welcome to attend the Fairness Hearing at your own expense. If you send an objection, you do not have to come to Court to explain it. As long as you mailed your objection on time as set out in the Long Form Notice the Court will consider it. You also may pay another lawyer to attend on your behalf, but this is not required.

The Long Form Notice contains only a summary of the terms of the proposed Settlement. You may view the Settlement Agreement and other important documents on the Settlement Website. You may also review the pleadings and other papers filed in the Lawsuit at the Court’s Business Office, located at 700 W Civic Center Dr, Santa Ana, CA 92701.

PLEASE DO NOT CONTACT THE COURT ABOUT THIS NOTICE.

If you have questions about the Settlement, please contact the Settlement Administrator or Class Counsel, as follows: