Case No. 2:13-cv-01533-JLR
The purpose of the Notice is to let you know that a proposed settlement has been reached in the class action lawsuit entitled Booth, et al. v. Appstack, Inc., et al., Case No. 2:13-cv-01533-JLR. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. Because your rights will be affected by this Settlement, it is extremely important that you read the Notice carefully. The Notice summarizes the Settlement and your rights under it.
You can review a copy of the Notice by clicking here.Back To Top
In a class action, one or more people, called "class representatives", sue on behalf of people who have similar claims. All of these people are a class, or class members. One court resolves the issues for all class members, except those who exclude themselves from the class.
Here, the class representatives claim that, on or after August 27, 2009, Appstack violated the TCPA by making calls to cellular telephones with a prerecorded message. The class representatives claim that Appstack did not have the recipients’ permission to make these calls.
The Court certified two classes, a WADAD Class and a TCPA Class. The Court decertified the WADAD Class, leaving only the TCPA Class for trial (the “Settlement Class”). U.S. District Court Judge James L. Robart (the “Court”) is in charge of this class action.
Appstack denies that it did anything wrong.Back To Top
The Court did not decide in favor of Plaintiffs or Appstack. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The class representatives and their attorneys think the Settlement is best for the Settlement Class.Back To Top
You are in the “Settlement Class” if, on or after August 27, 2009, you received a call to your cellular telephone line with a prerecorded message made by or on behalf of Appstack.
The Settlement Class does not include Appstack, any entity that has a controlling interest in Appstack, and Appstack’s current or former directors, officers, counsel, and their immediate families. The Settlement Class also does not include any persons who validly request exclusion from the Settlement Class, as described under FAQ 10. A person who does not exclude him or herself is a “Settlement Class Member.”
If you have questions about whether you are part of the Settlement Class, you may call the Claims Administrator at 1-844-801-5968.Back To Top
Appstack has agreed to pay $975,000 to be divided among all Settlement Class Members who send in a valid Claim Form after any fees, costs, service awards, and settlement administration expenses have been deducted.
Defendants Steve Espinosa and John Zdanowski (“Individual Defendants”) also have agreed, to the extent they authorize or direct telemarketing activities in the future, to exert reasonable efforts to ensure that they:
Your share of the settlement will depend on the number of Claim Forms that Settlement Class Members submit. Class Counsel estimate you will receive approximately $40-$100 per claim, but this is only an estimate.Back To Top
To qualify for payment, you must submit a Claim Form by November 28, 2016. There are multiple ways to submit a Claim Form. A Claim Form was mailed to potential Class Members in the form of a postcard notice. Read the instructions on the postcard carefully, fill out the form, sign it, and mail it postmarked no later than November 28, 2016.
You may also submit a Claim Form online by clicking here and following directions. You also may download a paper Claim Form here or call the Claims Administrator at 1-844-801-5968. Claim Forms sent by mail must be postmarked by November 28, 2016 and mailed to:
P.O. Box. 6006
Portland, OR 97228-6006
The Court will hold a hearing on January 11, 2017 to decide whether to approve the settlement. If the settlement is approved, appeals may still follow. It is always uncertain whether these appeals can be resolved, and resolving them can take more than a year. Please be patient.Back To Top
Unless you exclude yourself, you are staying in the Settlement Class, and you will be a Settlement Class Member. That means you can’t sue, continue to sue, or be part of any other lawsuit against Appstack regarding the TCPA claims that are subject to the settlement. If the settlement is approved and becomes final and not subject to appeal, then you and all Class Members release all “Released Claims” against all “Released Parties.” It also means that all of the Court’s orders will apply to you and legally bind you.
The Settlement Agreement describes the claims you are releasing (the “Released Claims”) and against whom you are releasing claims (“Released Parties”) in detail, so read it carefully. To summarize, the release includes TCPA claims that arise out of the improper use of an “automatic telephone dialing system” and/or an “artificial or prerecorded voice” to make telephone calls to cellular phones without consent on Appstack’s behalf.Back To Top
If you don’t want a payment from this settlement, but you want to keep the right to sue or continue to sue Appstack, then you must take steps to remove yourself from the Settlement Class. This is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class.
To exclude yourself from the settlement, you must send a letter saying that you want to be excluded from the Booth v. Appstack Settlement. You must sign the letter and include the following statement: “I request to be excluded from the Settlement in the Appstack action.” Please be sure to include your name, address, telephone number, and signature. You must mail your exclusion request postmarked no later than November 28, 2016 to the following address:
P.O. Box 6006
Portland, OR 97228-6006
You cannot exclude yourself on the phone or by fax or email or on this website. If you ask to be excluded, you will not get any payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Appstack in the future.Back To Top
No. Unless you exclude yourself, you give up any right to sue Appstack for the claims that this settlement resolves. If you already have a lawsuit that may relate to the claims being released as part of this class settlement, you should speak to your lawyer in that case immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion deadline is November 28, 2016.Back To Top
No. If you exclude yourself, do not submit a Claim Form to ask for a payment.Back To Top
The Court has appointed Terrell Marshall Law Group PLLC and Gallagher Law Offices P.S. to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.Back To Top
Class Counsel will ask the Court to approve payment of up to $243,750 to them for attorneys’ fees and expenses. This amounts to 25% of the total $975,000 fund. This payment would pay Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel also will request service awards of $2,500 each for the named Plaintiffs ($5,000 total) to compensate them for their time and effort. The Court may award less than these amounts.Back To Top
If you are a Settlement Class Member and you do not exclude yourself from the Settlement Class, you can object to the Settlement if you don’t like any part of it. You may give reasons why you think the Court should not approve it. The Court will consider your views.
To object, you must send a letter saying that you object to Booth v. Appstack, Inc. You must make your objection in writing and file it with the Court. The written objection must (a) contain information sufficient to allow the parties to confirm that you are a member of the Settlement Class; and (b) include a statement of your specific objections, as well as any documents that you would like the Court to consider. You must file the objection with the Court no later than by November 28, 2016 by mailing it to the following address:
Booth, et al. v. Appstack, Inc., et al.
Case No. 2:13-cv-01533-JLR
Clerk of the Court
U.S. District Court for the Western District of Washington
700 Stewart Street
Seattle, WA 98101
Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the settlement class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the settlement class. If you exclude yourself, you have no basis to object because the case no longer affects you.Back To Top
The Court will hold the Final Fairness Hearing at 2:00 p.m. on January 11, 2017, before the Honorable James L. Robart at the United States District Court for the Western District of Washington, 700 Stewart Street, Suite 14106, Seattle, Washington 98101. The purpose of the hearing is for the Court to determine whether the settlement is fair, reasonable, adequate, and in the best interests of the Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive awards to the class representatives. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.
Note: The date and time of the Final Fairness Hearing are subject to change by Court Order. Any changes will be posted on this Website.Back To Top
No. Class Counsel will answer any questions the Court may have. But you are welcome to come to the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.Back To Top
If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement Agreement. If you filed an objection (see FAQ 15) and intend to appear at the hearing, you must state your intention to do so in your objection. To speak, you must send a letter saying that it is your “Notice of Intention to Appear” in “Booth, et al. v. Appstack, Inc., et al., Case No. 2:13-cv-01533-JLR.” Be sure to include your name, address, telephone number, that you are a Class Member, and your signature. Your Notice of Intention to Appear must be received at the address in FAQ 15, no later than December 30, 2016. You cannot speak at the hearing if you exclude yourself.Back To Top
If you do nothing, you’ll get no money from this settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Appstack about the legal issues released in this case.Back To Top
The Notice summarizes the proposed settlement. More details are in the Settlement Agreement. You may review the Settlement Agreement here. You can also get a copy of the Settlement Agreement by writing to Jennifer Murray, Terrell Marshall Law Group PLLC, 936 North 34th Street, Suite 300, Seattle, Washington 98103.Back To Top
You can call the Claims Administrator at 1-844-801-5968 toll-free or write to Appstack Settlement, Claims Administrator, P.O. Box 6006, Portland, OR 97228-6006. You also may write to Class Counsel at Terrell Marshall Law Group PLLC, 936 North 34th Street, Suite 300, Seattle, Washington 98103.
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.Back To Top