Frequently Asked Questions
- What is the lawsuit about?
- Why did I get a notice?
- Why is this a class action?
- Why is there a Settlement?
- How do I know if I am part of the Settlement?
- What does the Settlement provide?
- What can I get from the Settlement?
- What do I need to do to receive a payment from the Settlement?
- When would I get my payment?
- What am I giving up to get a payment?
- How do I get out of the Settlement?
- If I don’t exclude myself, can I sue later for the same thing?
- If I exclude myself, can I get money from this Settlement?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- How do I tell the Court that I don’t like the Settlement?
- What’s the difference between objecting and excluding?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
- What happens if I do nothing at all?
- Are there more details about the Settlement?
- What is the lawsuit about?
The lawsuit claims that Defendants Adva Holdings, LLC (“Adva”) and Encompass Specialty Network, LLC (“Encompass”) (collectively “Defendants”) violated the Telephone Consumer Protection Act (the “TCPA”) by transmitting unsolicited facsimile advertisements that do not comply with the law’s requirements. Defendants deny the claims made in the lawsuit and deny that they violated the law or did anything wrong. No trial has been held on the merits of any allegations against Defendants or as to Defendants’ defenses.
Top - Why did I get a notice?
The Defendants’ records show that it or the other Released Parties transmitted one or more facsimiles to your facsimile number during the period December 20, 2015 through March 3, 2021. If you did receive such a facsimile between December 20, 2015 through March 3, 2021, you are a Settlement Class Member in the action styled Advanced Interventional Pain & Diagnostics of Western Arkansas, LLC v. Adva Holdings, LLC, et al., Case No. 8:20-cv-02704WFJ-CPT (M.D. Fla.) (the “Action”), and you may be affected by the Settlement. The Court in charge of the case is the United States District Court for the Middle District of Florida.
Top - Why is this a class action?
In a class action lawsuit, one or more people called “Class Representatives” (in this case Plaintiff Advanced Interventional Pain & Diagnostics of Western Arkansas, LLC) sue on behalf of themselves and other individuals or entities who have similar claims. All of these people are called a “Class” or “Class Members.” This is a class action because the Court has provisionally certified the lawsuit as a class action for settlement purposes. Because the case is a class action, one court resolves the issues for everyone in the Settlement Class, except for those people who choose to exclude themselves from the Settlement Class.
Top - Why is there a Settlement?
The Court did not decide in favor of the Plaintiff or the Defendants. Instead, both sides agreed to a Settlement, without any admission of fault or liability. That way, they avoid the cost of a trial and the risks of either side losing, and they ensure that the people affected by the lawsuit receive compensation. The Parties think that the Settlement is best for everyone involved under the circumstances. The Court will evaluate the Settlement to determine whether it is fair, reasonable, and adequate before it approves the Settlement.
Top - How do I know if I am part of the Settlement?
You are in the Settlement Class if Defendants or the other Released Parties transmitted one or more facsimiles to you during the period December 20, 2015 through March 3, 2021, that promoted the commercial availability or quality of property, goods or services offered by the Defendants. If a notice was sent to you, then you may be a Settlement Class Member.
Top - What does the Settlement provide?
In exchange for a dismissal of the Class Action and release of claims against Defendants as explained in the Settlement Agreement, Defendants have agreed to create a Settlement Fund of no more than $9,000,000.00 and no less than $2,750,000.00. The ultimate size of the Settlement Fund will depend on the number of claims filed and approved for payment. Each Approved Claim will share in the distribution of the Settlement Fund. See question 7 below for specifics on payment amounts to Approved Claims.
Top - What can I get from the Settlement?
Each Approved Claim will have a value of $250.00, subject to pro rata adjustments, to be calculated and distributed as follows:
a. If the total amount necessary to pay the Approved Claims, Attorneys’ Fees and Costs and Notice and administration costs is greater than the Base Payment but less than the Maximum Payment, then each Approved Claim will receive $250.00;
b. If the total amount necessary to pay the Approved Claims, Attorneys’ Fees and Costs and Notice and administration costs is greater than the Maximum Payment, then the Settlement Fund’s value shall be limited to the Maximum Payment amount of $9,000,000.00 and each Approved Claim will be reduced on a pro rata basis so that each Approved Claim is paid in the same amount; and
c. If the total amount necessary to pay the Approved Claims, Attorneys’ Fees and Costs and Notice and administration costs is lower than the Base Payment, then the Settlement Fund’s value shall be the Base Payment amount of $2,750,000.00 and each Approved Claim shall be increased on a pro rata basis so that the amount paid by Defendants satisfies the threshold set forth herein as the Base Payment.
Top - What do I need to do to receive a payment from the Settlement?
To share in the benefits of the Settlement, you must complete, sign, and return the Claim Form. Each Settlement Class Member that submits a valid and timely Claim Form is eligible to receive a payment.
Top - When would I get my payment?
The Court will hold a hearing on June 22, 2021 to decide whether to approve the Settlement. If the Court approves the Settlement, there may be a period when appeals can be filed. Once any appeals are resolved or if no appeals are filed, it will be possible to distribute the funds. This may take several months to more than a year, if an appeal is involved.
Top - What am I giving up to get a payment?
Unless you exclude yourself, you will remain in the Settlement Class, and you can’t sue, continue to sue, or be part of any other lawsuit against Defendants and/or the Released Parties relating to the Released Claims, as further explained in the Settlement Agreement. It also means that all of the Court’s orders relating to the Settlement will apply to you. You should read the Settlement Agreement for details before deciding whether to seek a payment.
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 the Defendants on your own about the legal issues in this case, then you must take steps to get out. This is called excluding yourself—also referred to as opting out of the Settlement Class.
Top - How do I get out of the Settlement?
To exclude yourself from this Settlement, you must send a letter by mail to the Settlement Administrator that is postmarked no later than May 22, 2021 (the “Opt-Out Deadline”). To be effective, the request for exclusion must include: (a) the Settlement Class Member’s full name, mailing address, current facsimile number and any facsimile number used by the Settlement Class Member from December 20, 2015 through March 3, 2021; (b) a clear and unequivocal statement that the Settlement Class Member wishes to be excluded from the Settlement Class; (c) the style of the Lawsuit: “Advanced Interventional Pain & Diagnostics of Western Arkansas, LLC v. Adva Holdings, LLC, et al., Case No. 8:20-cv-02704-WFJ-CPT (M.D. Fla.)”; and (d) a signature of an individual authorized to act on the Settlement Class Member’s behalf. You must mail your exclusion request to:
Specialty Network Settlement Admnistrator
P.O. Box 43501
Providence, RI 02940-3501You can’t exclude yourself by phone or email. If you ask to be excluded, you will not get any Settlement 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) the Defendants at your own expense.
Top - If I don’t exclude myself, can I sue later for the same thing?
No. Unless you exclude yourself, you give up the right to sue the Defendants and the other Released Parties for the claims that this Settlement resolves. The “Released Parties” and the “Released Claims” are described in the Settlement Agreement. If you have an existing lawsuit involving the Released Claims, speak to your lawyer in that suit immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. Remember that the exclusion deadline is May 22, 2021.
Top - If I exclude myself, can I get money from this Settlement?
No. If you exclude yourself, you are not eligible for any money from this Settlement.
Top - Do I have a lawyer in this case?
The Court appointed the law firm of Carney Bates & Pulliam, PLLC to represent you and other Settlement Class Members. These lawyers are referred to as "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.
Top - How will the lawyers be paid?
Class Counsel will ask the Court for attorneys’ fees of up to 25% of the Settlement Fund, or $2,250,000.00, and reimbursement of litigation expenses not to exceed $2,250,000.00. Class Counsel will also ask the Court to award the Settlement Class Representative a Service Award of $5,000.00, to be paid by Defendants as a separate payment apart from the Settlement Fund.
Top - How do I tell the Court that I don’t like the Settlement?
If you’re a Settlement Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views. To object to the proposed Settlement, you must file with the Court, and serve upon Class Counsel and Defendants’ Counsel, a written notice of intent to object that is postmarked no later than May 22, 2021. To be effective, a notice of intent to object to the proposed Settlement must (a) include the style of the Lawsuit: “Advanced Interventional Pain & Diagnostics of Western Arkansas, LLC v. Adva Holdings, LLC, et al., Case No. 8:20-cv-02704-WFJ-CPT (M.D. Fla.)”; (b) contain the full name, mailing address, and current facsimile number of the Settlement Class Member filing the objection, any facsimile number used by the Settlement Class Member from December 20, 2015 through March 3, 2021; and the signature of an individual authorized to act on its behalf; (c) indicate the specific reasons for the objection; (d) contain the name, address, bar number and telephone number of counsel for the objecting member of the Settlement Class, if represented by an attorney; and (e) state whether the objecting member of the Settlement Class (the “Objector”) intends to appear at the Final Approval Hearing either in person or through counsel. You should read the Settlement Agreement for further details if you want to object to the Settlement. You must mail the objection to three different places:
TopCOURT CLASS COUNSEL DEFENSE COUNSEL Clerk of the Court Randall K. Pulliam Molly K. McGinley United States District of Florida CARNEY BATES & ULLIAM, PPLC K&L GATES LLP 801 N. Florida Ave. 519 W. 7th St 70 West Madison St. Ste. 3300 Tampa, FL 33602 Little Rock, AR 72201 Chicago, IL 60602 - What’s the difference between objecting and excluding?
Objecting is simply 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 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 this case no longer affects you.
THE COURT’S FINAL APPROVAL 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.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing at 9:30 a.m. on June 22, 2021 at the Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, Florida 33602, Courtroom 15B. Due to COVID-19, the Final Approval Hearing may be held virtually. For specific details about the hearing, please check Important Dates & Deadlines. At this hearing, the Court will consider whether the ISettlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing and complied with the requirements set forth in this notice. The Court may also decide how much to pay Class Counsel and whether to award Plaintiff a Service Award. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
Top - Do I have to come to the hearing?
No. You are welcome to come at your own expense if you wish, but Class Counsel will answer questions the Court may have. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.
Top - May I speak at the hearing?
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, in addition to the requirements set forth in question 16 of this notice, your aforementioned letter must also contain the following: (a) a list of any and all witnesses whom the Objector may call at the Final Approval Hearing, with the address of each witness and a summary of any proposed testimony, and (b) a detailed description of any and all evidence the Objector may offer at the Final Approval Hearing, including photocopies of any and all exhibits which the Objector may introduce at the Final Approval Hearing. Any objector must be available for deposition within 40 miles of his, her or its residence, by Class Counsel and/or Defendants’ Counsel within 10 business days following the filing of the objection, and the objection must include each date within that period when the objector will be available and present for deposition. Your notice of intention letter must be postmarked no later than May 22, 2021, and be sent to the Clerk of the Court, Class Counsel, and Defense Counsel at the three addresses listed under question 16 of this notice. If you hire a lawyer to speak for you, he or she must also comply with the requirements of this paragraph.
Top - What happens if I do nothing at all?
If you do nothing, you will be a part of this Settlement, and you will NOT receive the payments provided by the Settlement once it becomes final.
Top - Are there more details about the Settlement?
The notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement; by visiting the office of the Clerk of the Court for the United States District Court for the Middle District of Florida, 801 North Florida Avenue, Tampa, Florida 33602 between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays; or by contacting Class Counsel at the address provided above. You can also call the Settlement Administrator toll-free at 1-844-917-2018 with your questions.
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