Modernize TCPA Settlement

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Modernize TCPA Settlement
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The information contained on this website is only a summary of information presented in more detail in the Notice, which you can access by clicking here. Since this website presents only summary information, you should review the Notice for additional details.


If a call from Defendant was directed to your telephone, you could get a payment from a class action settlement.

A federal court authorized this Notice. This is not a solicitation from a lawyer.

• Defendant Modernize, Inc. (“Defendant”) has agreed to pay $800,000.00 into a fund from which eligible persons or entities who file claims will receive cash awards.

• The settlement resolves a lawsuit involving allegations that Defendant made telemarketing calls from November 1, 2013, through February 1, 2018, on cellular telephone lines using an automatic telephone dialing system or artificial or prerecorded voice.

• Court-appointed lawyers for the class (“Class Counsel”) will ask the Court for $266,666.00 of the fund as fees and to reimburse them for the out-of-pocket expenses they paid to investigate the facts, litigate the case, and negotiate the settlement.

• Defendant denies all allegations of wrongdoing in the lawsuit. As part of the proposed settlement, Defendant does not admit to any wrongdoing and continues to deny the allegations against them.

• The two sides disagree on whether Plaintiff and the class could have won at trial.

• Your legal rights are affected whether you act, or don’t act. Read this Notice carefully.



Your Legal Rights And Options In This Settlement:

Submit A Claim Form by

May 11, 2019

This is the only way to receive a payment.

Exclude Yourself by 

May 11, 2019

Get no payment. This is the only option that allows you to ever be part of any other lawsuit against Defendant about the legal claims in this case.

Object by

May 11, 2019

Write to the Court explaining why you don’t like the settlement.

Attend a Hearing on

October 4, 2019

Ask to speak in Court about the fairness of the settlement.

DO NOTHING

Get no payment. Give up the right to ever be part of any other lawsuit against Defendant about the legal claims in this case.



What is this lawsuit about?

The class representative alleges that Defendant violated the Telephone Consumer Protection Act (“TCPA”) by making calls to cellular telephones through the use of an automatic telephone dialing system or an artificial or prerecorded voice. The class representative alleges that Defendant did not have the recipients’ permission to make these calls. The Court has certified a class for settlement purposes only (the “Settlement Class”). U.S. District Court Judge Timothy Hillman (the “Court”) is in charge of this class action. Defendant denies that it did anything wrong, and denies that this case would be certified as a class action in litigation.


The Court’s Final Approval Hearing

The Court will hold a Final Approval Hearing (the “Hearing”) on October 4, 2019, at 2:00 p.m. in Courtroom 2, before the Honorable Timothy Hillman at the U.S. District Court for the District of Massachusetts, Worcester Division, 595 Main St., Worcester, MA 01608. 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 award to the class representative. 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 fairness Hearing are subject to change by Court Order. Any changes will be posted on this website.


Further Information

For more details regarding this settlement, please see the Notice and other documents filed in the case by clicking on the Court Documents link on the left. You may also contact the Settlement Administrator or Class Counsel for further information regarding this settlement.


Settlement Administrator:

Amanda Hopkins v. Modernize, Inc.

Settlement Administrator

c/o A.B. Data, Ltd.

P.O. Box 173029

Milwaukee, WI 53217

Toll-free Help Line: 877-266-8807


Class Counsel:


Edward Broderick

Anthony Paronich

BRODERICK & PARONICH, P.C.

99 High Street, Suite 304

Boston, MA 02110

 

Brian Murphy

Jonathan P. Misny

MURRAY, MURPHY, MOUL & BASIL, LLP

1114 Dublin Road

Columbus, OH 43215

 

 

 

Alex Washkowitz

CW LAW GROUP, P.C.

188 Oaks Road

Framingham, MA 01702

 

Matthew P. McCue

THE LAW OFFICE OF MATTHEW P. MCCUE

1 South Avenue, Third Floor

Natick, MA 01760

 



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