The purpose of the Notice is to let you know that a proposed settlement has been reached in the class action lawsuit entitled Hennie v. ICOT Hearing Systems, LLC d/b/a ListenClear, United States District Court for the Northern District of Georgia, No. 1:18-CV-02045-WMR. 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.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.Top
The class representative alleges that between August 1, 2016 and December 31, 2018, Defendant, through a vendor ProspectsDM, violated the Telephone Consumer Protection Act (“TCPA”) by making calls using an artificial or prerecorded voice. The class representative alleges that Defendant did not have the recipients’ permission to make these calls.
Defendant denies that it did anything wrong, and denies that this case would be certified as a class action in litigation.Top
The Court did not decide in favor of the Plaintiff or Defendant. 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.Top
You are in the “Settlement Class” if, between August 1, 2016 and December 31, 2018, Defendant, through a vendor ProspectsDM, called you on using a prerecorded voice.
If you have questions about whether you are part of the Settlement Class, you may call 1-855-336-4078.Top
Defendant has agreed to pay $1,200,000.00 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.
Defendant has also agreed that they will take remedial steps in an effort to comply with the TCPA’s requirements.
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 $20 per claim, but this is only an estimate.Top
To qualify for payment, you must submit a Claim Form by September 4, 2019. There are multiple ways to submit a Claim Form. You may submit a Claim Form on this website or download a paper Claim Form. You may also have a paper Claim Form mailed to you by calling 1-855-336-4078. Claim Forms sent by mail must be postmarked by September 4, 2019 and mailed to:
ListenClear Telemarketing Settlement Administrator
P.O. Box 404150
Louisville KY 40233-4150Top
The Court will hold a hearing on November 13, 2019 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 patientTop
If you don’t want a payment from this settlement, but you want to keep the right to sue or continue to sue Defendant, 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 Hennie v. ICOT Hearing Systems, LLC d/b/a ListenClear, United States District Court for the Northern District of Georgia, No.1:18-CV-02045-WMR settlement. You must sign the letter and include a statement that you wish to be excluded from this action. Please be sure to include your name, address, telephone number and signature. You must mail your exclusion request postmarked no later than September 4, 2019 to the following address:
ListenClear Telemarketing Settlement Administrator
P.O. Box 404150
Louisville KY 40233-4150
You cannot exclude yourself on the phone or by fax or email. 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) Defendant in the future.
Unless you exclude yourself, you give up any right to sue Defendant 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 September 4, 2019.
If you exclude yourself, do not submit a Claim Form to ask for a payment.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 Hennie v. ICOT Hearing Systems, LLC d/b/a ListenClear. 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, including your full name, address, telephone number, and signature; (b) include a statement of your specific objections, as well as any witness testimony and documents that you would like the Court to consider; and (c) the name and contact information of any attorney you intend to have assert your objections before the Court. You must file the objection with the Court no later than September 4, 2019:
Hennie v. ICOT Hearing Systems, LLC d/b/a ListenClear,
Case No. 1:18-CV-02045-WMR
United States District Court for the Northern District of Georgia
Civil Clerk’s Office
75 Ted Turner Drive, SW
Atlanta, GA 30303Top
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.Top
The Court will hold the final fairness hearing at 1:30 p.m. on November 13, 2019, before the Honorable William M. Ray, II at the U.S. District Court, Northern District of Georgia, 2211 United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303. 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.
Please Note: The date and time of the fairness hearing is subject to change by Court Order. Any changes made will be posted on this website.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.
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 and intend to appear at the hearing, you must state your intention to do so in your objection. To speak, you must state that in your objection. Be sure to include your name, address, telephone number, that you are a Class Member, and your signature. You cannot speak at the hearing if you exclude yourself.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 Defendant about the legal issues released in this case.
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, but is not limited to, telemarketing-related 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 by Defendant.Top
The Court has appointed Koval Law Firm, LLC, Paronich Law, P.C., Broderick Law, P.C. and The Law Office of Matthew P. McCue 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.
Class Counsel will ask the Court to approve payment of up to four-hundred thousand dollars to them for attorneys’ fees. This amounts to 33 1/3% of the total fund. Class Counsel will also seek recovery of their actual expenses spent on the litigation of up to $19,565.00. 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 $5,000 for the named Plaintiff, to compensate him for his time and effort. The Court may award less than these amounts.Top
The Notice summarizes the proposed settlement. More details are in the Settlement Agreement, which is located under the Case Documents tab on this website. You can also get a copy of the Settlement Agreement by writing to any of the Court-appointed attorneys.
You can call 1-855-336-4078 toll-free; or write to ListenClear Telemarketing Settlement Administrator, P.O. Box 404150, Louisville KY 40233-4150, where you can get answers to common questions about the settlement, obtaining a Claim Form, plus other information to help you determine whether you are a member of the Settlement Class. You also may write to Paronich Law, P.C., 350 Lincoln Street, Suite 2400, Hingham, MA 02043.Top