Welcome to the Information Website for the Abante Rooter and Plumbing, Inc. v. Pivotal Payments, Inc. d/b/a Capital Processing Network and CPN Settlement

A settlement has been reached in a class action lawsuit, Abante Rooter and Plumbing, Inc. et al. v. Pivotal Payments, Inc., d/b/a Capital Processing Network and CPN. No. 3:16-cv-05486-JCS (U.S. District Court N.D.Cal.), where Plaintiff alleges that EPLJ and/or Gordon Rose made calls to cell phones using prerecorded messages in order to sell goods and/or services on behalf of Pivotal. Pivotal denies any wrongdoing, has asserted numerous defenses, and in agreeing to settle, does not admit any wrongdoing.

You may be in the Class if you received autodialed or prerecorded call(s) to your cell phone from EPLJ or Gordon Rose allegedly on behalf of Pivotal from April 15, 2016 up through and including September 2, 2016. To see documents relating to the Settlement, click here.


Class Members’ Rights and Options
Submit a Claim

To submit a Claim and receive a cash award, click here to file your Claim online. You must do so by 11:59 p.m. PST on June 29, 2018. You also may submit a Claim Form to the Settlement Administrator by mail. Click here to download a paper Claim Form. Your mailed Claim Form must be postmarked by June 29, 2018.

Your cash award amount depends on the number of calls you received, the number of claims, and other factors. Class Counsel estimate you will receive $20-$60 but this is just an estimate and the amount could be less.

Opt Out

You may opt out by mailing a letter to the Settlement Administrator or by submitting an online request here by June 29, 2018. If you do not opt out, you give up your right to sue Pivotal and the other Released Parties about the Settled Claims. However, you still may be able to sue EPLJ and Gordon Rose. If you opt out, you will not receive a payment from the fund. See FAQ 11 for instructions.

Object

If you do not exclude yourself, you may object to the Settlement. You must send your signed, written objections to the Court by June 29, 2018, and provide the reasons for your objection. See FAQ 16 for instructions.

Do Nothing

If you do nothing, you will not receive any payment and will lose the right to sue Pivotal and the other Released Parties with respect to all Released Claims. You will be considered part of the Class, and you will be bound by the Court’s decision with respect to the Settlement.


You can find more details about the Settlement by reviewing the FAQs on this website, by calling Class Counsel at 1-855-349-7023, or by calling toll-free 1-888-396-9692. DO NOT telephone the Court.


Important Dates

  • June 29, 2018
    Deadline to Exclude Yourself from the Settlement
  • June 29, 2018
    Deadline to File a Claim
  • June 29, 2018
    Deadline to Object to the Settlement
  • October 5, 2018 at 2:00 p.m.
    Final Approval Hearing