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
In order to learn this information, a Settlement Class Member should go to the Check Phone Calls page. Then, they should login using their Class Member ID or affected phone number. After the information has been validated, both the phone number(s) and amount of calls will pre-populate with the information.
You do not need to submit a claim to learn the number you were called on or the number of calls.Back To Top
The purpose of the notice is to let you know that a proposed Settlement has been reached in the class action lawsuit entitled Abante Rooter and Plumbing, Inc. et al. v. Pivotal Payments, Inc. d/b/a Capital Processing Network and CPN, Case No. 3:16-cv-05486-JCS. 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.
If you would like to review a copy of the notice, you may download a copy here.Back To 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 part of a proposed class and referred to as class members. One court resolves the issues for all class members, except those who exclude themselves from the class.
Here, the Class Representative claims that, from April 15, 2016, up to and including September 2, 2016, Pivotal violated the Telephone Consumer Protection Act (“TCPA”) when Gordon Rose and/or EPLJ made telemarketing calls to cell phones through the use of an automatic telephone dialing system or an artificial or prerecorded voice. The Class Representative claims that Pivotal did not have the recipients’ permission to make these calls.
The Court has certified a class for settlement purposes only (the “Class”). U.S. District Court Magistrate Judge Joseph C. Spero (the “Court”) is in charge of this class action.
Pivotal denies that it did anything wrong, and denies that this case would be certified as a class action in litigation.Back To Top
The Court did not decide in favor of Plaintiff or Pivotal. Plaintiff thinks it could have won $500 per illegal call, if not $1,500 per willful illegal call, if it won at trial. Pivotal thinks Plaintiff would not even get to trial and that no class would ever be certified. Pivotal also thinks Plaintiff would not have won anything from a trial if it had been able to get there. But there was no trial. Instead, the parties agreed to a Settlement. That way, both sides avoid the cost and uncertainty of a trial, and those affected who submit timely and valid Claim Forms will receive a cash award. The Class Representative and Class Counsel think the Settlement is best for all Class Members.Back To Top
You are in the “Class” if you:
The Class does not include any persons who validly request exclusion from the Class, as described under FAQ 11. A person who does not exclude him or herself is a “Class Member” and will be bound by the Settlement in the event it is approved and not overturned on appeal.
If you have questions about whether you are part of the Class, you may call Class Counsel at 1-855-349-7023, or call the Claims Administrator toll-free at 1-888-396-9692.Back To Top
Pivotal has agreed to pay $9,000,000 to be divided among all Class Members who submit a timely and valid Claim Form after any and all fees, costs, Service Awards, and Settlement administration expenses have been deducted.Back To Top
Your share of the Settlement will depend on the number of Claim Forms that Class Members submit and other factors, including the number of calls you received as documented in calling records obtained in the litigation.
Your share of the Settlement will be determined by the following formula: Net Settlement Fund (i.e., the Gross Settlement Payment less the Settlement Administration Expenses, the Fee Award and the Service Award) divided by the total calls, as set forth in EPLJ’s records, received by Participating Class Members who submitted timely and valid Claim Forms, multiplied by the total calls received by each Participating Class Member (NSF/total claimant calls x individual claimant’s total calls = Individual Settlement Payment).
Class Counsel estimate you will receive approximately $20–60 per claim, but the amount will depend on the number of calls you received, the total number of claims filed, and other factors, and could be less.
Click here to check the number of call you received.Back To Top
To qualify for payment, you must submit a Claim Form by June 29, 2018. You may submit a Claim Form online by clicking here and following the instructions. You also may download a paper Claim Form here or call the Claims Administrator at 1-888-396-9692 to request a paper Claim Form. Claim Forms sent by mail must be postmarked by June 29, 2018, and mailed to:
Pivotal Payments Settlement
P.O. Box 3207
Portland, OR 97208-3207
The Court will hold a hearing on October 5, 2018, 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 patient.Back To Top
Unless you exclude yourself, you are staying in the Class and you will be a Class Member. That means you can’t sue, continue to sue, or be part of any other lawsuit against Pivotal or any of the other Released Parties regarding the TCPA claims that are subject to the Settlement or any other Released Claim. If the Settlement is approved and becomes final and not subject to appeal, then you and all Class Members release all “Released Claims” against all “Released Parties.” It also means that all of the Court’s orders will apply to you and legally bind you.
The Amended Settlement Agreement (available here) 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, unless you exclude yourself from the Settlement, you give up any right you may have to separately sue Released Parties for TCPA claims that arise out of Gordon Rose and/or EPLJ’s allegedly improper use of an “automatic telephone dialing system” or an “artificial or prerecorded voice” to make telemarketing calls to cellular phones without consent, on behalf of Pivotal. The TCPA allows recovery of $500 for such illegal calls and up to $1,500 per call if the plaintiff proves the calls were placed willfully. However, you do not give up any right to sue Gordon Rose or EPLJ for the same calls.
“Released Parties” includes Pivotal Payments, Inc., doing business as Capital Processing Network and CPN (“Pivotal”), and their respective parent companies, subsidiaries, divisions, and related entities, past and present, as well as their employees, officers, directors, representatives, attorneys, insurers, partners, shareholders, joint venturers, owners, successors, and assigns.Back To Top
If you don’t want a payment from this Settlement, but you want to keep the right to sue or continue to sue Pivotal, then you must take steps to remove yourself from the Class. This is called excluding yourself—or is sometimes referred to as “opting out” of the Class.
To exclude yourself from the Settlement, you may file a request online here, or send a letter to the Claims Administrator saying that you want to be excluded from the Abante Rooter and Plumbing, Inc. et al. v. Pivotal Payments, Inc. d/b/a Capital Processing Network and CPN Settlement. You must sign the letter and include a statement that you request to be excluded from the Settlement. Please be sure to include your name, address, telephone number, and signature. In order to be timely, your exclusion request must be postmarked or filed online no later than June 29, 2018.
Please mail your letter to:
Pivotal Payments Settlement
P.O. Box 3207
Portland, OR 97208-3207
You cannot exclude yourself by phone, 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) Pivotal in the future.Back To Top
No. Unless you exclude yourself, you give up any right to sue Pivotal 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 Settlement, you should speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is June 29, 2018.Back To Top
No. If you exclude yourself, do not submit a claim to ask for a payment.Back To Top
The Court has appointed Terrell Marshall Law Group PLLC; Broderick & Paronich, P.C.; The Law Office of Matthew P. McCue; and Gibbs Law Group LLP to represent you and other 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.Back To Top
Class Counsel will ask the Court to approve payment of up to $2,250,000 to them for attorneys’ fees, which includes $52,914 to cover out-of-pocket expenses. This amounts to 25% of the total $9,000,000 fund. This payment would pay Class Counsel for their time investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel also will request a $2,000 Service Award for the Plaintiff. The Court may award less than this amount.Back To Top
You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the Settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you should object.
You may object to the Settlement in writing. You may also appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. The written objection must (a) contain information sufficient to allow the parties to confirm that you are a member of the Class; and (b) include a statement of your specific objections, as well as any documents that you would like the Court to consider. You must send the written objection only to the Court, so that it is received by the Court no later than June 29, 2018.
Abante Rooter and Plumbing, Inc. et al. v. Pivotal Payments, Inc.
Case No. 3:16-cv-05486-JCS
Clerk of the Court
U.S. District Court for the Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94102
Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.Back To Top
The Court will hold the final fairness hearing at 2:00 p.m. on October 5, 2018, before the Honorable Joseph C. Spero at the U.S. District Court for the Northern District of California, 450 Golden Gate Avenue, Courtroom G – 15th Floor, San Francisco, CA 94102. The purpose of the hearing is for the Court to determine whether the Amended 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 Amended Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the Service 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.
Note: The date and time of the Final Approval Hearing are subject to change by Court order. Any changes will be posted on this website.Back To 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.Back To Top
If you do not exclude yourself from the Class, you may speak at the hearing concerning any part of the proposed Amended Settlement Agreement. The objection must be received at the address in FAQ 15, no later than June 29, 2018. You cannot speak at the hearing if you exclude yourself.Back To 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 Pivotal about the legal issues released in this case.Back To Top
For more information, you can contact Class Counsel or the Claims Administrator using the information below. You may also review the court documents posted on this website here
|Class Counsel||Claims Administrator|
|Terrell Marshall Law Group PLLC
936 N. 34th Street
Seattle, WA 98103
|Pivotal Payments Settlement
P.O. Box 3207
Portland, OR 97208-3207
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.Back To Top