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
Pursuant to the terms of the Settlement, checks were issued to Class Members who submitted valid, timely claims.Back To Top
If you submitted a claim for a cash payment but did not receive a check, then your claim was considered not eligible for a payment under the terms of the Settlement for one or more of the following reasons:
In accordance with the terms of the Settlement, your share of the Settlement depended 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 was 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).Back To Top
No. The deadline to object to the Settlement passed on June 29, 2018 and it is no longer possible to dispute the terms of the Settlement, including the awards.Back To Top
If your Settlement check has been lost/damaged, you may request that a replacement check be issued and mailed to you. To request a replacement check, you must submit a signed written request to Pivotal Payments Settlement Claims Administrator, PO Box 3207 Portland, OR 97208-3207, asking that a replacement check be issued and mailed to you. If your check was damaged, please return the damaged check along with the reissue request.Back To Top
First, please go to your financial institution in which you are a current account holder as they may cash the check if the documentation regarding the status of your name change is presented.
If your bank will not cash or deposit your check, please return the original check to Pivotal Payments Settlement Claims Administrator, PO Box 3207 Portland, OR 97208-3207, accompanied by a signed written request asking that a replacement check be issued and mailed to you. Please include instructions for the name that should be included on the replacement check. You do not need to provide documentation for the name change.Back To Top
Yes. Please send a letter requesting a reissuance of your check, which includes your former and current mailing addresses to Pivotal Payments Settlement Claims Administrator, PO Box 3207 Portland, OR 97208-3207.Back To Top
First, please go to your financial institution in which you are a current account holder as they may cash/deposit the check if documentation regarding the status of the account holder and your status as the beneficiary/executor is presented.
If your check is less than $100 and your bank will not cash the check, please return the original check to Pivotal Payments Settlement Claims Administrator, PO Box 3207 Portland, OR 97208-3207. Please include a copy of the death certificate and a request letter, signed under penalty of perjury, declaring that you are lawfully designated to receive the funds on behalf of the deceased class member.
If your check is $100 or more and your bank will not cash the check, please return the original check to Pivotal Payments Settlement Claims Administrator, PO Box 3207 Portland, OR 97208-3207, along with a signed letter requesting the check be reissued in your name. You will need to include a copy of the death certificate as well as proof of beneficiary. This can be any legal document that confirms you are the legal beneficiary and can include (but is not limited to) a copy of the will, a court order, or similar documentation.Back To Top
First, please go to your financial institution in which you are a current account holder as they may cash/deposit the check if documentation regarding the status of the claimant and your status as the guardian/power of attorney is presented.
If your bank will not cash the check, please return the original check to Pivotal Payments Settlement Claims Administrator, PO Box 3207 Portland, OR 97208-3207, along with a letter, signed under penalty of perjury, declaring that you are lawfully designated to receive the funds on behalf of the class member.Back To Top
The check will be reissued within 3 to 4 weeks after the Administrator receives the written request and any required supporting documents.Back To Top
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 25. 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
Unfortunately the deadline to submit a claim passed on June 29, 2018 and we are no longer able to accept any claims.Back To Top
Payments were issued on January 18, 2019.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
Unfortunately the deadline to request exclusion passed on June 29, 2018 and it is no longer possible to be excluded from this Settlement.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
Unfortunately the deadline to submit an objection passed on June 29, 2018 and it is no longer possible to object to this Settlement.Back To Top
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 25, 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
Your claim form was approved for payment in the Abante Rooter & Plumbing v. Pivotal Payments Class Action Settlement. In order to issue your payment, the Claims Administrator needs to certify that your Taxpayer Identification Number is correct and accurate. You were provided a Form W-9 enclosed with the letter and it is requested that you return it to the Pivotal Payments Claims Administrator at P.O. Box 3207, Portland, OR 97208-3207.
The Claims Administrator is requesting a completed Form W-9 from you because your expected cash award exceeds $600.
Your personal information will be kept strictly confidential and will not be shared with any other person or organization. This is guaranteed by a strict confidentiality agreement pursuant to an Order of the United States Court of Federal Claims in Washington, D.C.
If you would like additional information on this Settlement, please visit the Important Documents section of this website.Back To Top
If you do not provide your Taxpayer Identification Number or submit the enclosed Form W-9, you will still be issued your cash award. The Claims Administrator will, however, be required to withhold 26% of the cash award to remit to the Internal Revenue Service.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