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ASHINGTONIf automated telephone calls were directed to your cell phone,
you could get a payment from a class action settlement.
A federal court authorized this Notice. This is not a solicitation from a lawyer. Universal Auto Group I, Inc., d/b/a Tacoma Dodge Chrysler Jeep Ram (“Tacoma Dodge”)has agreed to provide Certificates for oil changes with a face value of $60 to all Settlement Class Members. The Certificates also may be redeemed for cash in the amount of $35 by making a claim through a website or by mail.
The Settlement resolves a lawsuit over whether Tacoma Dodge violated the Telephone
Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), the Washington Automatic Dialing and Announcing Device statute, RCW 80.36.400 (“WADAD”), and the Washington Consumer Protection Act, RCW 19.86 by robocalling customers without proper consent.
Court-appointed lawyers will ask the Court for $175,000 to reimburse them for fees and
out-of-pocket costs.
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:
REDEEM YOUR
CERTIFICATE FOR
AN OIL CHANGE
You must wait until the Court has approved the Settlement and the Settlement is effective to redeem your Certificate for an oil change valued at $60.
REDEEM YOUR
CERTIFICATE FOR CASH
You may choose to submit a claim to redeem your Certificate for $35 cash.
EXCLUDE YOURSELF BY
DECEMBER 8, 2015
Get no payment. This is the only option that allows you to ever be part of any other lawsuit against Tacoma Dodge about the legal claims in this case.
OBJECT BY
DECEMBER 8, 2015
Write to the Court about why you don’t like the Settlement.GO TO A HEARING ON
FEBRUARY 3, 2016
Ask to speak in Court about the fairness of the Settlement.[TABLE OF CONTENTS]
1. What is the purpose of this Notice ...page 2 2. What does it mean if I got a postcard about this Settlement?. ...page 2 3. What is this lawsuit about? ...page 2 4. Why is there a Settlement? ...page 3 5. How do I know if I am a part of the Settlement ...page 3 6. What does the Settlement provide? ...page 3 7. How do I get a Certificate? ...page 3 8. How do I redeem my Certificate? ...page 3 9. What am I giving up to get a payment or stay in the Class? ...page 4 10. How do I get out of the Settlement? ...page 4 11. If I don’t exclude myself, can I sue Tacoma Dodge for the same thing later? ...page 5 12. Do I have a lawyer in this case? ...page 5 13. How will the lawyers be paid? ...page 5 14. How do I tell the Court that I don’t like the Settlement? ...page 5 15. What’s the difference between objecting and excluding? ...page 5 16. When and where will the Court decide whether to approve the Settlement? ...page 6 17. Do I have to come to the hearing? ...page 6 18. What happens if I do nothing at all? ...page 6 19. Are there more details about the Settlement? ...page 6 20. How do I get more information? ...page 6
BASIC INFORMATION
1. What is the purpose of this Notice?
The purpose of this Notice is to inform you that a proposed Settlement has been reached in the class action lawsuit entitled Taylor v. Universal Auto Group I, Inc., d/b/a Tacoma Dodge Chrysler Jeep Ram, Case No. 3:13-cv-05245-KLS (W.D. Wash.). Because your rights will be affected by this Settlement, it is extremely important that you read this Notice carefully. This Notice summarizes the Settlement and your rights under it.
2. What does it mean if I got a postcard about this Settlement?
You may have received a postcard because Tacoma Dodge’s records indicate that it called your cellular telephone number.
3. What is this lawsuit about?
In a class action, one or more people called “Class Representatives” sue on behalf of people who have similar claims. All these people are a “class” or “class members.” One court resolves the issues for all class members, except for those who exclude themselves from the class.
Here, the Class Representative claims that Tacoma Dodge violated the TCPA and the WADAD by retaining a vendor to robocall customers. The Class Representative claims that Tacoma Dodge did not have the consumers’ permission to make these calls.
4. Why is there a Settlement?
The Court did not decide in favor of Plaintiff or Tacoma Dodge. Plaintiff thinks he could have won $1,500 per illegal call if he won at trial. Tacoma Dodge thinks Plaintiff would not have won anything from a trial. But there was no trial. 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 the Attorneys think the Settlement is best for the Settlement Class.
WHO IS IN THE SETTLEMENT
5. How do I know if I am a part of the Settlement?
You are in the Settlement Class if you owned one of the 8,143 telephone numbers that Tacoma Dodge’s vendor claims it called on behalf of Tacoma Dodge.
The Settlement Class does not include any person who excludes him or herself from the Settlement by following the procedures described under Question 10. The Settlement Class also does not include persons who were called on Tacoma Dodge’s behalf but whose cell phone numbers were not produced by Tacoma Dodge’s vendor. 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 1-855-201-3279 or visit
www.UniversalAutoTCPA.com for more information.
THE SETTLEMENT BENEFITS—WHAT YOU GET
6. What does the Settlement provide?
Tacoma Dodge has agreed to provide Certificates for oil changes with a face value of $60 to all persons owning one of the 8,143 cellular telephone numbers that its vendor provided during this litigation. If Certificates are redeemed for oil changes totaling less than $60, the remaining balance may be applied toward future oil change services. Certificate holders also may redeem the Certificates for cash in the amount of $35 by making a claim through a website or mail. A Settlement Class Member must choose between redeeming a Certificate for oil changes or for cash.
7. How do I get a Certificate
All members of the Settlement Class whose U.S. Mailing addresses could be determined were sent a postcard summarizing this Notice and a Certificate.
8. How do I redeem my Certificate?
The Certificate can be redeemed in one of two ways, subject to certain terms and conditions.
Option 1: After the Settlement becomes effective, you may redeem your Certificate for an oil change.
To redeem your Certificate for an oil change, take the Certificate to Tacoma Dodge and present it. If you purchase an oil change amounting to less than $60, you may apply the remaining balance toward future oil change services. If the total cost of the oil change you purchase is more than $60, you must pay the difference at the time of the purchase. You must wait until the Court has approved the Settlement and the Settlement is effective to be able to use your Certificate for an oil change. The Settlement’s Effective Date will be found on the Settlement Website at
Option 2: You may choose to redeem your Certificate for a cash amount of $35. If you choose this option, you
must submit a claim form using one of the following methods:
Submit a claim online. You may submit a claim by going to the Settlement Website at
www.UniversalAutoTCPA.com and following the instructions.
Submit a claim by mail. You may tear off the Certificate at the perforation, sign it, and mail it, postage paid, to: Taylor v. Universal Auto Group I, Inc. Claims Administrator, P.O. Box 43385, Providence, RI 02940-9574.
If the Court approves the Settlement and it becomes effective, each Settlement Class Member who submits a claim for a cash award within twelve (12) months of the Effective Date will receive a check for $35. If the Settlement Class Member submitted his or her claim before the Settlement’s Effective Date, the Claims Administrator will send the check within thirty (30) days after the Effective Date. The Claims Administrator will send checks to Settlement Class Members who submit claims after the Effective Date at regular 30-day intervals.
9. What am I giving up to get a payment or stay in the Class?
The TCPA and the WADAD permit consumers to recover actual damages or $500 in statutory damages for each call that is placed in violation of the TCPA and the WADAD. If the consumer proves that illegal calls were placed “willfully,” the consumer can recover up to $1,500 in statutory damages per call.
Unless you exclude yourself, you are staying in the Settlement Class and you will be a Settlement Class Member. That means that you can’t sue, continue to sue or be part of any other lawsuit against Tacoma Dodge on the claims that are subject to the Settlement. It also means that all of the Court’s orders will apply to you and legally bind you.
The Settlement Agreement (available at www.UniversalAutoTCPA.com) specifically describes the claims you are releasing (the “Released Claims” or “Releases”) in detail, so read it carefully. To summarize, the Releases include all claims that arise out of Tacoma Dodge and its affiliates’ use of an “automatic telephone dialing system” and/or an “artificial or prerecorded voice” to make telephone calls to cellular telephones.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you don’t want a payment from this Settlement, but you want to keep the right to sue or continue to sue Tacoma Dodge about the legal issues in this case, then you must take steps to get out. This is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class.
10. How do I get out of the Settlement?
To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from the Taylor v. Universal Auto settlement. You must mail your exclusion request postmarked no later
than December 8, 2015 to the following address:
Taylor v. Universal Auto Group I, Inc. Claims Administrator P.O. Box 43385
Providence, RI 02940-9574
11. If I don’t exclude myself, can I sue Tacoma Dodge for the same thing later?
No. Unless you exclude yourself, you give up any right to sue Tacoma Dodge 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 December 8, 2015.
THE LAWYERS REPRESENTING YOU
12. Do I have a lawyer in this case?
The Court has appointed the lawyers at Terrell Marshall Daudt & Willie PLLC 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.
13. How will the lawyers be paid?
Class Counsel will ask the Court to approve payment of up to $175,000 to them for the attorneys’ fees and out-of-pocket costs. These payments would pay Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel also will request a service award of $1,500 for the Class Representative to compensate him for his time and effort. The Court may award less than these amounts.
OBJECTING TO THE SETTLEMENT
You may tell the Court that you don’t agree with the Settlement or some part of it.14. How do I tell the Court that I don’t like the Settlement?
If you’re a Settlement Class Member, you may 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 file a written objection with the Court saying that you object to the Taylor v. Universal Auto settlement. The objection must (a) contain information sufficient to allow the parties to confirm that you are a member of the Settlement Class; (b) include a statement of your specific objections, as well as any documents you would like the Court to consider. You must file the objection no later than by
December 8, 2015 with the Court:
Taylor v. Universal Auto Group I, Inc. Case No. 3:13-cv-05245-KLS
Clerk of the Court
U.S. District Court for the Western District of Washington 1717 Pacific Avenue, Room 3100
Tacoma, WA 98402
15. What’s the difference between objecting and excluding?
THE COURT’S FAIRNESS HEARING
The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you don’t have to.
16. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Fairness Hearing at 9:30 a.m. on February 3, 2016, at the U.S. District Court for the Western District of Washington, Tacoma Division, located at 1717 Pacific Avenue, Courtroom F, Tacoma, WA 98402. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Strombom will listen to people who have asked to speak at the hearing and who have complied with the requirements for submitting objections set forth above. The Court may also decide how much to pay to Class Counsel. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
17. Do I have to come to the hearing?
No. Class Counsel will answer questions Judge Strombom may have. But, you are welcome to come at your own expense. If you file an objection, you don’t have to come to Court to talk about it. As long as you filed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.
IF YOU DO NOTHING
18. What happens if I do nothing at all?
If you do nothing, you’ll get no money from the 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 Tacoma Dodge about the legal issues released in this case.
GETTING MORE INFORMATION
19. Are there more details about the Settlement?
This Notice summarizes the Settlement. More details are in the Settlement Agreement. You may review the Settlement Agreement on the Settlement Website at www.UniversalAutoTCPA.com. You also can get a copy of the Settlement Agreement by writing to Jennifer Rust Murray, Terrell Marshall Daudt & Willie PLLC, 936 N. 34th Street, Suite 300, Seattle, Washington 98103.
20. How do I get more information?
You can write to Taylor v. Universal Auto Group I, Inc. Claims Administrator, P.O. Box 43385, Providence, RI 02940-9574; or visit the website at www.UniversalAutoTCPA.com, where you will find answers to common questions about the Settlement, instructions for submitting a claim to redeem your Certificate for cash, plus other information to help you determine whether you are a member of the Settlement Class. You also may write to Class Counsel at Terrell Marshall Daudt & Willie PLLC, 936 N. 34th Street, Suite 300, Seattle, Washington 98103 or call Class Counsel at 1-855-201-3279.
