A court authorized a Notice because you have a right to know about a proposed settlement of a class action lawsuit known as Jennifer King v. Classic Chevrolet, Inc.; Bartlesville CDJ LLC; Bixby Auto Plaza, LLC; Miami Auto Supercenter, Inc.; Nissan of Muskogee LLC; Regional Hyundai LLC; Suburban Chevrolet, Inc.; T & K Management Group, LLC d/b/a Tulsa Raceway Park; and WKW Acquisitions LLC d/b/a Honda of Muskogee, Case No. 4:19-cv-00429-CVE-JFJ and about all of your options before the Court decides whether to give Final Approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.
Judge Claire V. Egan of the United States District Court in and for the Northern District of Oklahoma is overseeing this case. The person who sued, Jennifer King, is called the “Plaintiff.” Classic Chevrolet, Inc.; Bartlesville CDJ LLC; Bixby Auto Plaza, LLC; Miami Auto Supercenter, Inc.; Nissan of Muskogee LLC; Regional Hyundai LLC; Suburban Chevrolet, Inc.; T & K Management Group, LLC d/b/a Tulsa Raceway Park; and WKW Acquisitions LLC d/b/a Honda of Muskogee are called the “Defendants.”
A copy of the Notice can be found here.Back To Top
The lawsuit alleges that Defendants sent text messages to Plaintiff’s and the Settlement Class Members’ wireless telephone numbers without prior express written consent in violation of the Telephone Consumer Protection Act 47 U.S.C. § 227 (“TCPA”) and seeks actual and statutory damages under the TCPA on behalf of the named Plaintiff and a class of all individuals in the United States.
Defendants deny each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and deny that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.
The Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted on this website’s Important Documents page here. The Settlement resolves the lawsuit. The Court has not decided who is right.Back To Top
The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts telephone solicitations and the use of automated telephone equipment. The Plaintiff here alleged that Defendants sent marketing text messages to individuals without the requisite prior written consent in violation of the TCPA.Back To Top
In a class action, one person called the “Class Representative” (in this case, Jennifer King) sues on behalf of herself and other people with similar claims.
All of the people who have claims similar to the Plaintiff’s are members of the Settlement Class, except for those who exclude themselves from the class.Back To Top
The Court has not found in favor of either Plaintiff or Defendants. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Members will receive the benefits described in the Notice. Defendants deny all liability in this case. Plaintiff and her lawyers think the proposed Settlement is best for everyone who is affected.Back To Top
The Settlement includes any person who received marketing text messages from Defendants from March 12, 2016, to April 13, 2020, including, but not limited to, any text messages from DoCircle, Inc. d/b/a Trumpia, for the period running from September 30, 2017, to September 8, 2019. Excluded from the Settlement Class are (1) the trial judge presiding over this case; (2) Defendants, as well as any parent, subsidiary, affiliate, or control person of Defendants, and the officers, directors, agents, servants, or employees of Defendants; (3) any of the Released Parties; (4) the immediate family of any such person(s); (5) any Settlement Class Member who has timely opted out of this proceeding; and (6) Plaintiff’s Counsel and their employees.Back To Top
If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, review the Settlement Class Member definition in FAQ 6 or call the toll-free number, 1-855-917-3489. You also may send questions to the Settlement Administrator at Classic Chevrolet, Inc. TCPA Settlement Administrator, P.O. Box 3145, Portland, OR 97208-3145.Back To Top
Defendants have agreed to pay $850,000.00 to create a cash Settlement Fund. The Settlement Fund will be used to pay all Settlement Costs, an attorneys’ fee award, and a service award to the Class Representative. The remaining Net Settlement Fund shall be distributed as cash payments to Settlement Class Members who submit valid Claims. The cash payments will be distributed on a pro rata basis to Settlement Class Members depending on the number of valid Claims filed. Each Settlement Class Member may file one Claim and receive one cash payment.Back To Top
If you qualify for a cash payment, you must complete and submit a valid Claim Form. You can file your Claim Form online here or download a Claim Form here and email it to claims@CCTCPAsettlement.com or send it by U.S. Mail to the address below. The deadline to file a Claim online or via email is 11:59 p.m. EST on October 29, 2020.
If you received a Claim Form in the mail with a postcard summary of the Notice, simply complete, sign, and mail the form by U.S. Mail to the address below. The postage is pre-paid and there is no need for a stamp.
Claim Forms submitted by mail must be postmarked on or before October 29, 2020 to:
Classic Chevrolet, Inc. TCPA Settlement Administrator
P.O. Box 3145
Portland, OR 97208-3145
No matter which method you choose to file your Claim Form, please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.Back To Top
Payments to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see FAQ 19). If there are appeals, resolving them can take time. Please be patient.Back To Top
If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Defendants on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself—or it is sometimes referred to as “opting out” of the Settlement Class.
To exclude yourself from the Settlement, you must send a timely letter by mail to:
Classic Chevrolet, Inc. TCPA Settlement Administrator
P.O. Box 3145
Portland, OR 97208-3145
Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a statement that indicates your desire to be “excluded from the Settlement Class” and that, absent of excluding yourself or “opting out,” you are “otherwise a member of the Settlement Class.”
Your exclusion request must be postmarked no later than September 14, 2020. You cannot ask to be excluded on the phone, by email, or through this website.
You may opt out of the Settlement Class only for yourself.Back To Top
No. Unless you exclude yourself, you give up the right to sue Defendants for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.Back To Top
Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against Defendants about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you.
The Settlement Agreement is available here. The Settlement Agreement provides more detail regarding the Releases and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in FAQ 15 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.Back To Top
No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.Back To Top
The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.
Shamis & Gentile
You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.Back To Top
Class Counsel intend to request up to 33.33% of the value of the Settlement for attorneys’ fees plus reimbursement of reasonable, actual out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will decide the amount of fees and expenses to award.
Class Counsel will also request that a service award of $5,000 be paid from the Settlement Fund to the Class Representative for her service as representative on behalf of the whole Settlement Class.Back To Top
If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must timely submit a letter that includes the following:
If you wish to object, you must file your objection with the Court (using the Court’s electronic filing system or in any manner in which the Court accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by September 14, 2020.
|Clerk of the Court||Class Counsel||Defendant’s Counsel|
USDC for the Northern District of Oklahoma
333 West Fourth St., Room 411
Tulsa, OK 74103
Edelsberg Law, PA
20900 NE 30th Ave., Ste. 417
Aventura, FL 33180
John T. Richer, Esq.
320 S. Boston Ave., Suite 200
Tulsa, OK 74103
Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.Back To Top
The Court will hold a hearing to decide whether to approve the Settlement and any requests for fees and expenses (“Final Approval Hearing”), scheduled for October 14, 2020, at 9:30 a.m. at the Page Belcher Federal Building, located at 333 W. 4th Street, Room 411, Tulsa, OK 74103. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for a service award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.Back To Top
No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time to the proper addresses and it complies with all the other requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.Back To Top
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, your timely filed objection must include a statement of whether you intend to appear at the Final Approval Hearing (see FAQ 17).
You cannot speak at the hearing if you exclude yourself from the Settlement.Back To Top
If you are a Settlement Class member and do nothing, meaning you do not file a timely Claim, you will not get benefits from the Settlement. Further, unless you exclude yourself, you will be bound by the judgment entered by the Court.Back To Top
The Notice summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement here, which provides a complete, definitive statement of the Settlement terms. You also may write with questions to the Settlement Administrator at Classic Chevrolet, Inc. TCPA Settlement Administrator, P.O. Box 3145, Portland, OR 97208-3145, or call the toll-free number, 1-855-917-3489.Back To Top