Update: On March 10, 2023, the Court entered a Final Approval Order. If no appeal from the Final Settlement Approval is filed, payments to approved claims will be issued in accordance with the terms of the Settlement Agreement commencing 45 calendar days after Final Judgment.
A proposed settlement has been reached in a class action alleging that Super Care, Inc. (“Defendant”) or its vendors recorded phone calls without consent between itself and third parties, through means of telephone or other device, in violation of the Invasion Of Privacy Act, California Penal Code. §§ 630, et seq. (“IPA”). Defendant strongly denies any claims of wrongdoing, but has agreed to settle the lawsuit (see Court Documents and FAQs for definition) to avoid the burden and cost of further litigation. Capitalized terms used in this Notice, other than those defined in this Notice, shall have the same meaning as set forth in the Settlement Agreement.
Who Is a Class Member?
You are a member of the Settlement Class if:
- Defendant or one of its vendors recorded a conversation by means of telephone or other device during the period commencing January 30, 2019, through and including October 4, 2022, without your consent.
- You are not a current or former employee, officer, director, agent, or legal representative of Defendant, or its affiliated entities.
Your Legal Rights and Options
Option and Deadline
Your Legal Rights
Submit a Claim
|Stay in the Class and submit a Claim Form to receive a payment.
If you are a valid Settlement Class Member and wish to receive your portion of the Settlement Fund, you need to complete and submit a Claim Form, either by mailing it to PO Box 4285, Baton Rouge, LA 70821 or submitting it online here. After the Court’s final approval of the Settlement, you will then receive payment for an amount that shall be calculated pro rata based on the number of Valid Claim Forms that are submitted by the Settlement Class. All unclaimed Settlement Funds will then be given to EPIC (50%) and Public Justice (50%).
Ask to be excluded
|Get no benefits under the settlement.
You can opt out of the settlement by submitting a Valid Exclusion Request here or by mailing an Exclusion Request Form to the Claims Administrator. If you do so, you will not be eligible to receive a settlement payment. But you will retain the right to sue Defendant on your own regarding any claims that are part of the settlement.
submit an objection
|Write to the Claims Administrator about why you do not think the Settlement is fair, reasonable, or adequate.
You may remain a part of the Settlement Class and object to the settlement. You may appear and speak at the Final Approval Hearing on your own or through a lawyer hired by you at your own expense. If the settlement is approved over your objection, however you will be bound by the settlement and give up your right to sue on your own regarding any claims that are part of the settlement.
Attend the Fairness Hearing
on March 7, 2023 at 9:30 a.m.
|You may attend the Final Approval Hearing where the Court may hear arguments concerning approval of the Settlement. If you wish to speak at the Final Approval Hearing, you must make a request to do so in your written objection or comment. You are not required to attend the Final Approval Hearing.
|You will not get payment from this Settlement and you will give up certain legal rights.
If you do nothing, you will become a Class Member bound by the terms of the Settlement Agreement and Final Judgment, thus forfeiting your right to sue on your own regarding any claims that are part of the settlement. However, your failure to timely submit a Valid Claim Form will forfeit your right to receive your portion of the Settlement Fund.