Frequently Asked Questions
- What is the lawsuit about?
- Why did I get a faxed 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 AHM violated the Telephone Consumer Protection Act (the “TCPA”) by transmitting unsolicited facsimile advertisements and advertisements that do not comply with the law’s requirements. AHM denies the claims made in the lawsuit and denies that it violated the law or did anything wrong. No trial has been held on the merits of any allegations against AHM or as to AHM’s defenses.
Top - Why did I get a faxed Notice?
The records of Alere Home Monitoring, Inc. (“AHM”) show that it or the other Released Parties transmitted one or more facsimiles to you. The lawsuit claims, but AHM denies, that the facsimiles may have included actual or alleged advertising, including but not limited to any language or other information or material advertising the commercial availability or quality of any property, goods, or services, or that related in any way to the business of AHM, and/or any products, goods, or services offered by AHM during the period January 1, 2013 through November 1, 2019. Because of this, you are a Settlement Class Member in the action styled ARcare, Inc. v. Alere Home Monitoring Inc., Case No. 4:17-CV-00147-KGB, and you may be affected by the Settlement. The Court in charge of the case is the United States District Court for the Eastern District of Arkansas.
The Court authorized the notice because you have a right to know about the proposed Settlement, and about your options, before the Court decides whether to approve the Settlement. If you submit a claim and the Court approves the Settlement, and after any appeals are resolved, the settlement administrator will send you the payment provided for in the Settlement, and your claims will be released.
The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, and how those benefits will be calculated. A copy of the Notice is located under the Case Documents tab.
Top - Why is this a class action?
In a class action lawsuit, one or more people called “Class Representatives” (in this case ARcare, Inc.) 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 Defendant. 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 AHM or the other Released Parties transmitted one or more facsimiles to you during the period January 1, 2013 through November 1, 2019, that related in any way to the business of AHM, and/or any products, goods, or to services offered by AHM. If the faxed Notice is addressed to you, then you have been identified as a Settlement Class Member. If you are not sure whether you have been properly included, you can call the settlement administrator at 1-866-554-5266.
Top - What does the Settlement provide?
In exchange for a dismissal of the Class Action and release of claims against Defendant as explained in the Settlement Agreement, the Defendant has agreed to pay $1,000,000.00 to settle this case. Each Settlement Class Member who files a valid and timely Claim Form (a “Settlement Class Member Eligible for Cash Payment”) will become eligible to receive benefits under the Settlement.
Top - What can I get from the Settlement?
After deducting costs for notice and administration, attorneys’ fees and costs, and a service award to the Settlement Class Representative, there will be a Net Settlement Fund available for distribution to Settlement Class Members Eligible for Cash Payment. Each Settlement Class Member Eligible for Cash Payment will be paid from this fund on a pro rata basis. Thus, allocation of the Net Settlement Fund will be made based on the following formula: Pro Rata Share of Each Settlement Class Member Eligible for Cash Payment = Net Settlement Fund Amount/Total Number of Settlement Class Members Eligible for Cash Payment. It is estimated that, if eligible, you could receive not less than $125.00. Actual payment amounts could be more or less than the above estimate.
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 and sign, and return the Claim Form. Each Settlement Class Member that submits a valid and timely Claim Form is eligible to receive a payment. Please report any address changes so that your payment reaches you to the settlement administrator at:
AHM Settlement Administrator
P.O. Box 43501
Providence, RI 02940-3501
Top - When would I get my payment?
The Court will hold a hearing on March 31, 2020 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 AHM and other 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. The Settlement Agreement is posted under the Case Documents tab.
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 March 2, 2020 (the “Exclusion/Objection Deadline”). To be effective, the request for exclusion must include (a) the Settlement Class Member’s full name, facsimile number, telephone number, and mailing address; (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: “ARcare, Inc. v. Alere Home Monitoring Inc., Case No. 4:17-CV-00147-KGB”; and (d) a signature of an individual authorized to act on the Settlement Class Member’s behalf. You must mail your exclusion request to:
AHM Settlement Administrator
P.O. Box 43501
Providence, RI 02940-3501
You 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 Defendant in the future 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 Defendant 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 March 2, 2020.
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 called Settlement 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?
Settlement Class Counsel will ask the Court for attorneys’ fees of up to 33 1/3% of the Settlement Fund, or $333,333, and reimbursement of litigation expenses not to exceed $25,000. Settlement Class Counsel will also ask the Court to award the Settlement Class Representative a service award of $5,000, to be paid 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 Settlement Class Counsel and Defendant’s Counsel, a written notice of intent to object that is postmarked no later than March 2, 2020. To be effective, a notice of intent to object to the proposed Settlement must (a) include the style of the Lawsuit: “ARcare, Inc. v. Alere Home Monitoring Inc., Case No. 4:17-CV-00147-KGB”; (b) contain the full name, mailing address, facsimile number, and telephone number of the Settlement Class Member filing the objection, and 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
United States District Court for the Eastern District of Arkansas
500 West Capitol Avenue
Little Rock, AR 72201
Randall K. Pulliam
CARNEY BATES & PULLIAM, PLLC
519 W. 7th St.
Little Rock, AR 72201
Sean G. Wieber
WINSTON & STRAWN LLP
35 West Wacker Drive
Chicago, IL 60601
- 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 Class. If you exclude yourself, you have no basis to object because this case no longer affects you.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing at 9:00 a.m. on March 31, 2020 at the United States District Court for the Eastern District of Arkansas, 500 West Capitol Avenue, Little Rock, AR 72201, Courtroom 4C. At this hearing, the court will consider whether the Settlement 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 question 20 of this notice. The Court may also decide how much to pay Settlement Class Counsel. 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 Settlement 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 Defendant’s 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 March 2, 2020, 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. More details are in the Settlement Agreement which can be found under the Case Documents tab. You should read the entire Settlement Agreement before making any decision about whether to participate in the Settlement. You can also call the Settlement Administrator toll free at 1-866-554-5266 with your questions.
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