Written by Welcome on October 16, 2017
CITGO TCPA Class Action Settlement
Citgo TCPA Class Action Settlement, known as Matthew Gottlieb, on behalf of himself and all others similarly situated, v. CITGO Petroleum Corporation, Case No. 9:16-CV-81911, (S.D. Fla.) (the “Action”), Proposed Settlement and Claims Requirements for Affected Individuals and Entities.
A Brief Outline of the Citgo TCPA Cases.
A class action lawsuit was filed alleging Citgo Petroleum Corporation, Inc. violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, in connection with text messages made to cell phones without prior express written consent of the recipients .
Settlement of the litigation was reached, and in August 14, 2017, the U.S. District Court for the Southern District of Florida granted preliminary settlement approval.
Per the class notice, Citgo agreed to pay $8,000,000 plus $300,000.00 of Settlement Administration and Notice Administration costs 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 will depend on the number of class members who file claims.
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 29, 2017 final settlement approval hearing before the U.S. District Court for the Southern District of Florida.
Class Members Must Act Before December 14th to Preserve All Their Legal Rights.
However: Obtaining a settlement award check requires filing a claim by December 14, 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 received a text message from Citgo in August, October, or November 2016.
Any claim for money by a member of the class must be made on the settlement website or mailed no later than December 14, 2017. Class members who do not file claims by this date will receive no compensation and will release their claims against Citgo.
Considering the December 14, 2017 claim-filing deadline, and the October 30, 2017 exclusion and objection deadlines, taking prompt action is critical.
Important Deadlines for Filings Claims in the Citgo 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 30, 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 Citgo.
Objection deadlines: Class members may object that the settlement is not fair, reasonable or adequate. Objections must be submitted in writing to the Court by October 30, 2017, with copies sent to the Settlement Administrator, Class Counsel, and each of the Cruise Defendants’ Counsel postmarked by October 30, 2017.
Who Are Members of the Citgo TCPA Class Action Settlement?
According to the class notice, the class includes all persons in the United States who received one or more text messages sent by or on behalf of CITGO in August, October, and November 2016.
Summary of the Terms of the Proposed Citgo TCPA Class Action Settlement.
The class notice indicates that the settlement establishes a fund in the amount of $8,000,000. This amount will be used to pay Class Counsel’s attorneys’ fees and expenses, an incentive award to the Class Representative before making payments to Settlement Class Members who file a valid Claim Form. In addition, Citgo has agreed to pay $300,000.00 of Settlement Administration and Notice Administration costs.
These and other provisions are set forth in the Citgo 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 33.33% of the settlement fund plus reimbursement of reasonable expenses. Class counsel will also request and incentive award for the class representative in the amount of $5,000. These awards are subject to the court’s approval.
How Do Class Members File Claims in the Citgo 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 mail it no later than December 14, 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 an objection with the Court (using the Court’s electronic filing system or in any manner in which the Court accepts filings) and mail the objection to the clerk of the court, class counsel and defendant’s counsel postmarked for October 30, 2017.
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 30, 2017. Class members who exclude themselves from the settlement will not receive a payment.
Meeting the December 14, 2017 Filing Deadline Is Critical
A claim form must be completed on the settlement website or mailed by claimants wishing to assert their legal rights in light of the terms of the Citgo TCPA settlement before the United States District Court, Southern District of Florida. The mandatory date to file a claim is not later than December 14, 2017.
Class members who do not file a claim will not receive a share of the settlement fund, and will release their claims against Citgo related to the allegations in the lawsuit.
Those class members wishing to exclude themselves from the Citgo TCPA settlement must do so by mailing a written request for exclusion to the settlement administrator not later than October 30, 2017.
For more information, visit the CitgoTCPA Class Action Settlement webpage at