CARIBOU

Written by Welcome on September 9, 2017

CARIBOU COFFEE COMPANY TCPA Class Action Settlement

 

Caribou Coffee Company, Inc. TCPA Class Action Settlement, known as Kristie Farnham, on behalf of herself and all others similarly situated v. Caribou Coffee Company, Inc., Case No. 16-CV-00295-WMC (W.D. of Wisconsin) (the “Action”), Proposed Settlement and Claims Requirements for Affected Individuals and Entities.

A Brief Outline of the Caribou Coffee Company TCPA Cases.

A class action lawsuit was filed alleging Caribou Coffee Company, Inc. violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, by sending unsolicited text messages to Plaintiff’s wireless telephone numbers without prior express written consent in the United States between May 5, 2012, and July 28, 2017.

Settlement of the litigation was reached, and in July, 2017, the U.S. District Court for the Western District of Wisconsin granted preliminary settlement approval.

Per the class notice, Caribou Coffee Company agreed to pay $8.5 million dollars to settle existing claims related to alleged violations of the TCPA. According to the attorneys who represent the plaintiffs and the class, the amount that individual class members who file claims receive may be $200.

At this time, the proposed settlement between all parties has yet to garner formal approval from the courts, which is expected to occur at the November 27, 2017 final settlement approval hearing before the U.S. District Court for the Western District of Wisconsin.

Class Members Must Act Before October 13th to Preserve All Their Legal Rights.

However: Obtaining a settlement award check requires filing a claim by November 13, 2017. Class members who fail to do so will not receive a share of the settlement fund.

Claimants Must Respond Urgently to the Pending Final Settlement Approval. Read below to learn more.

Who is Considered Part of the Settlement Class?

According to the class notice, you may be a member of the settlement class if you are a person who, while residing in the United States, received one or more text messages sent by or on behalf of Caribou Coffee Company, Inc., at a cellular telephone number, between May 5, 2012, and July 28, 2017.

Any claim for money by a member of the class must be made on the settlement website or mailed no later than November 13, 2017. Class members who do not file claims by this date will receive no compensation and will release their claims against Caribou Coffee Company, Inc. and other entities.

Considering the November 13, 2017 claim-filing deadline, and the October 13, 2017 exclusion and objection deadlines, taking prompt action is critical.

Important Deadlines for Filings Claims in the Caribou Coffee Company TCPA Class Action Settlement TCPA Class Action Settlement.

Exclusion deadlines: If you are a member of the class and wish to be excluded from the settlement, you must mail a written request for exclusion to the settlement administrator that must be postmarked by October 13, 2017. If you exclude yourself from the settlement, you will not receive a payment from the settlement, but will retain claims you may have against Caribou Coffee Company and the other entities.

Objection deadlines: Class members may object that the settlement is not fair, reasonable or adequate. Objections must be submitted in writing via mail to class counsel, counsel for Caribou Coffee Company, and the U..S. District Court for the Western District of Wisconsin no later than October 13, 2017.

Who Are Members of the Caribou Coffee Company TCPA Class Action Settlement?

According to the class notice, the class includes all persons who, while residing in the United States, received one or more text messages sent by or on behalf of Caribou Coffee Company, Inc., at a cellular telephone number, between May 5, 2012, and July 28, 2017

Summary of the Terms of the Proposed Caribou Coffee Company TCPA Class Action Settlement.

The class notice indicates that the settlement establishes a fund in the amount of $8,500,000. This amount will be used to pay all Settlement costs, including Notice and Administrative Costs, the Attorneys’ Fee Award, and Service Award to the Class Representative. The remaining “Net Settlement Fund” will be distributed as cash payments to Settlement Class Members who submit valid claims.

The cash payments will be distributed on a pro rata basis to valid claimants depending on the number of valid claims filed. Each Settlement Class Member may only file one claim and receive only one cash payment.

These and other provisions are set forth in the Caribou Coffee Company TCPA settlement agreement.

Summary of Proposed Award to Legal Counsel for Fees and Expenses

Per the class notice, the attorneys for the class will seek up to 35% of the settlement, inclusive of litigation costs. Class counsel will also request and incentive award for the class representative in the amount of $10,000. These awards are subject to the court’s approval.

How Do Class Members File Claims in the Caribou Coffee Company TCPA Class Action Settlement?

To receive a share of the settlement fund, class members must file a claim on the settlement website or complete a claim form and email it or mail it no later than November 13, 2017. More information about the claims process can be found in the class notice or on the settlement website.

Again, class members who do not file claims will not receive compensation.

In addition, class members who do not believe the settlement is fair, reasonable, or adequate can object by filing a written notice of objection, postmarked by October 13, 2017, to class counsel and to the U.S. District Court for the Western District of Wisconsin.

Class members who do not wish to participate in the settlement may mail a written request for exclusion to the settlement administrator no later than October 13, 2017. Class members who exclude themselves from the settlement will not receive a payment.

Meeting the November 13, 2017 Filing Deadline Is Critical

A claim form must be completed on the settlement website or mailed or emailed by an individual claimant wishing to assert his or her legal rights in light of the terms of the Caribou Coffee Company TCPA settlement before the United States District Court, Western District of Wisconsin. The mandatory date to file a claim is not later than November 13, 2017.

Class members who do not file a claim will not receive a share of the settlement fund, and will release their claims against Caribou Coffee Company TCPA related to the allegations in the lawsuit.

Those class members wishing to exclude themselves from the Caribou Coffee Company TCPA settlement must do so by mailing a written request for exclusion to the settlement administrator not later than October 13, 2017.

For more information, visit the Caribou Coffee Company TCPA Class Action Settlement webpage at https://www.cariboutcpasettlement.com/

References:

www.cariboutcpasettlement.com

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