Tomorrow Black-Brown, et. al. v.
Terminix International Company Limited Partnership

Case No. 1:16-cv-23607

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

If You received an autodialed and/or prerecorded payment and/or debt-collection call within the United States to your cellular telephone number from Terminix International Company Limited Partnership (“Terminix”) on or after August 22, 2012 through July 28, 2017 without providing consent to receive such calls, You might be entitled to participate in a Class Action Settlement.

WHAT IS THIS LAWSUIT ABOUT AND WHY IS THERE A SETTLEMENT?

The settlement would resolve a lawsuit brought on behalf of individuals who allege they received, but did not consent to receive, automated and/or prerecorded payment and/or debt-collection calls within the United States on their cellular phones made by persons or entities working on behalf of Terminix in violation of the Telephone Consumer Protection Act (“TCPA”).

This lawsuit relates only to such calls that were made without the called party’s consent and that were made to a cellular phone using an automatic telephone dialing system or prerecorded voice message. If you or a member of your household provided Terminix with your cellular phone numbers in connection with purchasing or receiving services from Terminix, then you provided consent to receive automated and prerecorded payment and/or debt collection calls, unless you subsequently revoked such consent by contacting Terminix. This lawsuit only applies to individuals that did not give such consent or who were called after they revoked their consent.

Terminix denies the claims in Plaintiff’s complaint and denies that it violated the TCPA. The Court did not decide in favor of the Plaintiff or the Defendant. Instead, both sides have agreed to a Settlement. The Settlement avoids the cost, risk, and delay of trial. For more information on the details of this settlement, see the Notice of Proposed Class Action Settlement available HERE, the Class Settlement Agreement available HERE, and the Preliminary Approval Order available HERE. All court papers filed by the Parties prior to July 28, 2017 are available HERE.

WHAT ARE YOUR OPTIONS?

RETURN A VALID, COMPLETED CLAIM FORM

To receive a settlement payment, you must complete, sign, and return a Claim Form postmarked on or before December 26, 2017. If you received a Notice in the mail, the Claim Form is attached to the Notice. The Claim Form is also available by clicking HERE. If the Court approves the settlement and if your Claim Form is timely, valid, and complete, you will be mailed a check for $60 after the Court’s order approving the Settlement becomes final. If there is an appeal of the Settlement, payment will be delayed. The Settlement Administrator will include information about the timing of payments on this website.

DO NOTHING

If you do nothing, you will receive no money from the Settlement. Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against the Released Parties regarding any released claims. You will not be paid unless you submit a valid and timely Claim Form.

OPT OUT OF THE SETTLEMENT

You have the right to exclude yourself from the Settlement by sending a written request for exclusion to the Settlement Administrator at Terminix Settlement Administrator, 1801 Market Street, Suite 660; Philadelphia, PA 19103.

Your completed, signed statement advising of your election to opt out must be postmarked no later than December 26, 2017. If your request is not postmarked by that date, your right to opt out will be deemed waived and you will be bound by all orders and judgments entered in connection with the Settlement.

Your request must list your name, street address, all of your telephone numbers between August 22, 2012 and the present, the name and number of this case, and it must indicate your request for exclusion (for example, “Exclude me from the Terminix settlement”).

OBJECT TO THIS SETTLEMENT
(BY DECEMBER 26, 2017)

If you wish to object to any aspect of the Settlement or plaintiff’s counsel’s request for attorneys’ fees, you must file a written objection with the Clerk of the United States District Court for the Southern District of Florida, 400 N. Miami Ave.; 8th Floor SOUTH; Miami, Florida 33128.

Your objection must be postmarked by December 26, 2017 and must refer to the name and number of this case.

You must also serve copies of your objection on Class Counsel (Jonathan Cohen and John Yanchunis, Morgan & Morgan Complex Litigation Group, 201 N. Franklin St., 7th Floor, Tampa, FL 33602) and Defendant’s attorney (Rachel Niewoehner, Harrison Law LLC, One North LaSalle St., Suite 2001, Chicago, IL 60602), postmarked by the same date.

Your objection must include your name, telephone number, and street address, all attorneys who have assisted you in the preparation and filing of your objection, a list of all other class action cases in which you or your counsel have filed objections to the settlements, and a statement of the reasons for your objections. Additionally, if you want to state your objection in person at the fairness hearing, either on your own behalf or through counsel, you must indicate in your written objection your intention to appear at the hearing and identify the names of any witnesses you intend to call to testify, as well as any evidence you intend to introduce.


WHEN WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

The Court will hold a final fairness hearing on February 23, 2018, at 10:00 a.m., 10th Floor, Clyde Atkins U.S. Courthouse, United States District Court for the Southern District of Florida, 301 N. Miami Ave., Miami, FL 33128, and hear any timely and properly-filed objections and arguments about the settlement and request for attorney’s fees. Unless you object to the settlement, you (either on your own behalf or through counsel) are not required to attend this hearing. The fairness hearing may be continued to a future date without further notice.

DO NOT CONTACT THE JUDGE,
THE JUDGE’S STAFF, OR THE CLERK OF THE COURT
BECAUSE THEY ARE NOT PERMITTED TO ANSWER
YOUR QUESTIONS ABOUT THIS SETTLEMENT.

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