Notice Of Class Action And Proposed Settlement (Page 2 of 4) in pdf

NOTICE INDICATING THAT THEY WANT TO PARTICIPATE IN THE MONETARY BENEFITS OF THE

SETTLEMENT BEFORE EXPIRATION OF THE DEADLINE; a pro-rata share of the Settlement Fund based upon

the number of valid claims submitted by class members. No class member will receive more than one payment, which

will not exceed $500.00, regardless of the number of faxes received. In the event funds remain in the Settlement Fund

after payment of all valid claims, the remainder shall be donated to a charitable organization.

Attorney’s Fees. Plaintiff’s counsel will request approval of the Court for attorneys’ fees and costs of $147,500 (25%).

Defendant will not oppose or cause to be opposed an application by Plaintiff’s counsel for attorneys’ fees and costs of

$147,500. Plaintiff’s counsel will not request additional fees and costs from Defendant or the class.

Release. Settlement Class members who do not opt out as described below (whether or not they submit claims) (the

“Releasors”), will be deemed to have forever released Defendant and its attorneys, agents, employees, officers, directors,

shareholders, affiliates, subsidiaries, divisions, parent companies, predecessors in interest, insurers, insurer’s counsel,

successors and assigns, and all persons, natural or corporate, in privity with anyone or more of them (the "Released

Parties") of and from any and all actual, potential, filed, known or unknown, fixed or contingent, claimed or unclaimed,

suspected or unsuspected, claims, demands, liabilities, causes of action, contracts, agreements, extra contractual claims,

damages, punitive damages, expenses, acts, costs, attorneys' fees and/or obligations of any kind which are or could be

based on, arise from or relate in any way to any of the facts or other matters alleged or which could have been alleged in

this litigation, including but not limited to: (1) violation of the TCPA; (2) the claims asserted or which could have been

asserted in this litigation including any and all amended complaints; (3) violation of any and all other laws, whether

statutory, regulatory or decisional, and whether federal or state based arising out of or related to Defendant’s alleged

unsolicited faxing advertisements to the Releasors without their consent whether said facsimiles are identical to, similar

to, or different from the facsimile attached as an exhibit to the Plaintiff’s Second Amended Complaint. No claims based

on agreements to purchase insurance through Defendant or the purchase of insurance through Defendant are

released.

CLASS COUNSEL’S OPINION OF THE VALUE OF THE SETTLEMENT: The $592,000 is being paid by

insurance. The available insurance is $1 million per occurrence/ $1.7 million aggregate. The Defendant’s assets are

limited, and there is no way in which the Defendant could pay $500 for each of more than 300,000 faxes it is believed to

have sent. Accordingly, the insurance policy is the only meaningful source of recovery in this case. The insurer has

raised policy defenses and claims that it has no liability whatever.

The $592,000 amount was negotiated in a mediation presided over by Hon. Thomas J. Rakowski, retired Judge of the

Illinois Appellate Court. Class counsel believe that it is fair and reasonable given the circumstances set forth above and

that the class members should accept the settlement.

In an individual action, a prevailing plaintiff may be able to recover $500 in statutory damages under the TCPA ($1500 if

a willful violation is shown). Of course if an individual does not prevail, he will receive no payment. Also, if an

individual proves a willful violation or punitive damages the individual may defeat Defendant’s insurance coverage.

Under certain state laws prevailing Plaintiffs may recover greater or lesser amounts, as some states have adopted their

own TCPA-like statutes. Those statutes may also contain defenses which do not exist under the TCPA and which

defenses may prohibit any recovery whatsoever.

CORRECT NAME: If any of the persons to whom this notice is sent have died or are divorced or changed their name,

you should send a letter to the settlement administrator explaining who you are and why the claim belongs to you and

include any supporting documentation. The administrator is:

GILARDI & CO, LLC

P.O. Box 8060

San Rafael, CA 94912-8060

1-800-264-1759

FAIRNESS HEARING: A hearing will be held on the fairness of the proposed settlement. At the hearing, the Court

will be available to hear any objections and arguments concerning the fairness of the proposed settlement. At the

Notice Of Class Action And Proposed Settlement Page 2

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