Ramos v. Hopele of Fort Lauderdale, LLC
Ramos TCPA Settlement
Case No. 17-cv-62100

Frequently Asked Questions

 

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  • A court authorized the Notice because Settlement Class Members have a right to know about a proposed Settlement of a class action lawsuit known as Ramos v. Hopele of Fort Lauderdale, LLC, Case No. 17-cv-62100 (S.D. Fla.) and about all of their options before the Court decides whether to give Final Approval to the Settlement. The Notice explains the lawsuit, the Settlement, and the legal rights of the Settlement Class.

    Judge Federico A. Moreno of the United States District Court, Southern District of Florida, is overseeing this case. 

  • The lawsuit alleges that Defendants sent text messages to Plaintiff’s wireless telephone number without prior express written consent in violation of the TCPA, and seeks actual and statutory damages under the TCPA on behalf of the named Plaintiff and a class of all individuals in the United States. Specifically, the Complaint alleges that Defendants sent text messages relating to offers available at certain Pandora stores.

    Defendants deny each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.

    The Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted here. The Settlement resolves the lawsuit. The Court has not decided who is right.

  • The TCPA is a federal law that restricts telephone solicitations and the use of automated telephone equipment. The Plaintiff here alleged that Defendants sent marketing text messages to individuals without the requisite prior express written consent in violation of the TCPA. Among other things, Defendants deny that they used an automatic dialing system, as is required by the TCPA, and also deny that they did not have consent.

  • In a class action, the individual called the “Class Representative” (in this case, Plaintiff Katiria Ramos) sues on behalf of herself and other people with similar claims. All of the people who have claims similar to the Plaintiff are members of the Settlement Class, except for those who exclude themselves from the class.

  • The Court has not found in favor of either Plaintiffs or Defendants. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described in the Notice. Defendants deny all legal claims in this case. Plaintiffs and their lawyers think the proposed Settlement is best for everyone who is affected.

  • The Settlement Class consists of:

    All persons who, from October 26, 2013 through July 10, 2019, received a text  message from (i) Hopele, (ii) Hopele of Tallahassee, LLC, (iii), Hopele of Flat Iron, LLC, (iv) Hopele of Birmingham, LLC, (v) Hopele of Altamonte, LLC, and/or (vi) HLCP Partners of Birmingham, LLC without  providing prior express written consent to those entities or Pandora.

    (i) Hopele of Tallahassee, LLC, (ii), Hopele of Flat Iron, LLC, (iii) Hopele of Birmingham, LLC, (iv) Hopele of Altamonte, LLC, and (v) HLCP Partners of Birmingham, LLC shall collectively be referred to as the “Other Hopele Entities.”

    People included in the Settlement Class are called “Settlement Class Members.”

    Excluded from the Settlement Class are (1) the trial judge presiding over this case; (2) Defendants and the Other Hopele Entities as well as any parent, subsidiary, affiliate or control person of Defendants and the Other Hopele Entities, and the officers, directors, agents, servants or employees of Defendants and the Other Hopele Entities; (3) any of the Released Parties; (4) the immediate family of any such person(s); (5) any Settlement Class Member who has timely opted out of this proceeding; and (6) Plaintiff’s Counsel, their employees, and their immediate family.

  • If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, please call the toll-free number, 1-844-961-0315. You also may send questions to the Settlement Administrator at info@RamosTCPAClassAction.com.

  • Defendants have agreed to make $525,000 available to pay individuals who submit valid claim forms, settlement administration costs, attorneys’ fees, a service award to the Class Representative, and costs and expenses of the litigation. Each Settlement Class Member who timely submits a valid Claim Form will be entitled to receive a cash payment. There is a limit of one claim per Settlement Class. Upon receipt of a valid Claim Form, the Administrator will determine whether you are entitled to a payment. Depending on how many valid claim forms are submitted, it is possible that each Settlement Class Member’s payment will be reduced on a pro-rata basis to cover settlement administration costs, attorneys’ fees, a service award to the named Plaintiff, and the costs and expenses of the litigation.

  • If you qualify for a cash payment, you must complete and submit a valid Claim Form online or print the form and mail to the address on the form. You can file your Claim Form here. The deadline to file a Claim is 11:59 p.m. EST on December 4, 2019.

  • Payments to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved. If there are appeals, resolving them can take time. Please be patient.

  • If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Defendants or the Other Hopele Entities on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself; or it is sometimes referred to as “opting out” of the Settlement Class.

  • The deadline to exclude yourself from the Settlement was October 7, 2019 and has passed.

  • No. Unless you excluded yourself, you are giving up the right to sue Defendants and the Other Hopele Entities for the claims that the Settlement resolves. You were required to exclude yourself from the Settlement Class in order to pursue your own lawsuit.

  • Unless you opted out of the Settlement, you cannot sue or be part of any other lawsuit against Defendants or the Other Hopele Entities about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you excluded yourself, all the decisions and judgments by the Court will bind you.

    The Settlement Agreement provides more detail regarding the Releases and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in Question 15 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.

  • No. You will not get a payment if you excluded yourself from the Settlement.

  • The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.
     

    Scott A. Edelsberg, Esq.
    Edelsberg Law, P.A.
    19495 Biscayne Boulevard #607
    Aventura, Florida 33180
    305-975-3320
     

    Manuel S. Hiraldo
    Hiraldo P.A.
    401 E. Las Olas Boulevard, Suite 1400
    Fort Lauderdale, Florida 33301
    954-400-4713
     

    Andrew J. Shamis
    Shamis and Gentile, P.A.
    14 NE 1st Avenue, Suite 400
    Miami, Florida 33132
    305-479-2299
     

    Joshua Levine
    Kopelowitz Ostrow Ferguson Weiselberg Gilbert
    One West Las Olas Blvd., Suite 500
    Fort Lauderdale, Florida 33301
    954-525-4100
     

    You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

  • Class Counsel intend to request one-third of the Total Settlement Value for attorneys’ fees plus reimbursement of reasonable, actual out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be deducted from the Total Settlement Value. The Motion for these fees and expenses will be posted on this website when they are filed with the Court. The Court will decide the amount of fees and expenses to award.

    Class Counsel will also request that a Service Award of $5,000.00 for the named Plaintiff to be deducted from the Total Settlement Value for their services as representative on behalf of all Settlement Class Members.

  • The deadline to object to the Settlement was October 7, 2019 and has passed.

  • Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

  • The Court will hold a hearing to decide whether to approve the Settlement and any requests for fees and expenses (“Final Approval Hearing”).

  • The Court has scheduled a Final Approval Hearing on November 19, 2019 at 1:45 p.m. at the Wilkie D. Ferguson, Jr. U.S. Courthouse, 400 North Miami Avenue, Miami, FL 33128. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for a Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

  • No. Class Counsel will answer any questions the Court may have. But, you are welcome to attend the hearing at your own expense. If you sent an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time to the proper addresses and it complies with all the other requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.

  • Yes, you could have asked the Court for permission to speak at the Final Approval Hearing. To do so, your timely filed objection needed to include a statement of whether you intend to appear at the Final Approval Hearing.

    You cannot speak at the hearing if you excluded yourself from the Settlement.

  • If you are a Settlement Class member and do nothing, meaning you do not file a timely Claim, you will not get benefits from the Settlement. Further, unless you excluded yourself, you will be bound by the judgment entered by the Court.

  • The Notice summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement. You also may write with questions to the Settlement Administrator at Ramos TCPA Settlement, c/o JND Legal Administration, PO Box 91203, Seattle, WA 98111, or call the toll-free number, 1-844-961-0315.

    You may also access the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.flsd.uscourts.gov/cgi-bin/ShowIndex.pl, or by visiting the office of the Clerk of the Court for the United States District Court for the Southern District of Florida, 400 North Miami Avenue, Miami, FL 33128, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court Holidays.

    PLEASE DO NOT TELEPHONE THE COURT OR THE DEFENDANTS TO INQUIRE ABOUT THIS SETTLEMENT.  

For More Information

Visit this website often to get the most up-to-date information.

Mail

Ramos TCPA Settlement
c/o JND Legal Administration
PO Box 91203
Seattle, WA 98111