BobCo Fax Settlement

Los Angeles Superior Court
Case No. BC528359


IF YOU ARE A SUBSCRIBER – I.E., THE BILLING PARTIES ON RECORD WITH THE TELEPHONE COMPANY – OF FACSIMILE TELEPHONE NUMBERS AND THAT RECEIVED AN ADVERTISEMENT (AS DEFINED UNDER THE TELEPHONE CONSUMER PROTECTION ACT) AT THOSE FACSIMILE TELEPHONE NUMBERS DURING THE PERIOD OF NOVEMBER 21, 2009, TO NOVEMBER 21, 2013 (THE “CLASS PERIOD”), VIA FACSIMILE FROM OR ON BEHALF OF BOBCO METALS, LLC. YOU MAY BE ENTITLED TO A $35.00 PAYMENT UNDER THE TERMS OF A CLASS ACTION SETTLEMENT.

Important Dates

February 11, 2017 - Deadline to Request Exclusion (postmarked by date)

February 11, 2017 - Deadline to Object (postmarked by date)

February 11, 2017 - Deadline to submit a Claim Form (submit online by or postmarked by date)

March 28, 2017 at 10:00 A.M. - Fairness Hearing


Plaintiff Thunder Studios, Inc. (“Plaintiff”) alleges against Defendant Bobco Metals, LLC (“Defendant”) in the above-mentioned class action (“Action”) that Defendant violated the Telephone Consumer Protection Act, as amended by the Junk Fax Prevention Act, 47 U.S.C. § 227, and regulations of the Federal Communications Commission promulgated thereunder (collectively, “TCPA”) and California’s parallel law, Cal. Bus. and Prof. Code § 17538.43, by sending, via facsimile transmission, unsolicited advertisements and advertisements that do not comply with the law’s requirements. Plaintiff also asserts an unfair business practices claim under California Business and Professions Code § 17200 (“UCL”), which mirrors its other claims, and a conversion claim.

Defendant denies all material allegations and claims asserted in the Action and denies all allegations of wrongdoing and liability.

The case has been litigated but there has not been a trial. The Court has not decided in favor of Plaintiff or Defendant, or whether the case should proceed as a class action.

A Settlement has been reached in the Action that would avoid the further risk and cost associated with continuing the litigation, provide payment to Settlement Class Members and release Defendant from further liability. For settlement purposes, the “Class” is defined as follows: “All persons and entities that were subscribers – i.e., the billing parties on record with the telephone company – of facsimile telephone numbers and that received an advertisement (as defined under the Telephone Consumer Protection Act) at those facsimile telephone numbers during the period of November 21, 2009, to November 21, 2013 (the “Class Period”), via facsimile from or on behalf of BOBCO METALS, LLC.”

Class Members may make only one claim per Fax Number for any advertisements they received from BOBCO METALS, LLC during the relevant Class Period.

The Settlement, if approved, would provide not more than $225,000 to pay claims from Class Members. Defendant has agreed to terms that provide up to a $35 payment to each settlement class member who makes a timely claim; payment of fees and costs of Settlement Class Counsel, Nami Law Firm and Hersh & Hersh in the amount of $89,000.00; payment of a service award bonus of $1,000 to Settlement Class Representative Thunder Studios, Inc.; and payment of the costs of the Class Administrator.

Your Legal Rights Are Affected Even If You Do Not Act. Please Read The Notice Carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

Do Nothing

You receive no benefits under the settlement. You give up your right to sue on your own regarding any claims that are part of the settlement.

Exclude Yourself or “Opt Out” of the Settlement

You can opt out of the settlement. If you do so, you will not be eligible to receive a payment. But you will retain the right to sue on your own regarding any claims that are part of the settlement.

Object

You may remain a part of the settlement class and write to the Class Administrator and explain why you do not like the settlement. You may appear and speak at the Final Settlement Hearing on your own or through a lawyer hired by you at your own expense. You do not have to appear in court to have your objection considered by the judge.

Submit a Claim

You may be eligible to receive a settlement payment for up to $35.00 if you qualify, but you must submit a claim form. If you submit a claim form, you will be bound by the terms of the Settlement Agreement and give up your right to sue on your own regarding any claims that are part of the settlement. Click here to submit your Claim online or click here to download a Claim Form.


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