Strache v. SCI Direct, Inc. d/b/a Neptune Society

FAQs

  1. Am I being sued?
  2. What is this lawsuit about?
  3. Why is there a settlement?
  4. Who is the Defendant?
  5. How do I know if I am part of the settlement?
  6. Are there exceptions to being included?
  7. What if I am not included in the Class List
  8. What can I get from the settlement?
  9. Can I be retaliated against if I submit a claim?
  10. Do I have a lawyer in this settlement?
  11. How do I get more information?
  12. I lost/never received my Notice. Can you send it to me?
  13. When and where will the Court decide whether to approve the settlement?
  14. Do I have to come to the hearing?
  15. Can I speak at the hearing?
  16. How can I file a claim?
  17. What constitutes a valid claim?
  18. Should I file a claim, exclusion, objection, etc.?
  19. How do I get out of the settlement?
  20. How do I tell the Court if I don’t like the settlement?
  21. What’s the difference between objecting and excluding?
  22. What happens if I do nothing?
  1. Am I being sued?

    No.

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  2. What is this lawsuit about?

    This lawsuit is about whether SCI Direct violated the Telephone Consumer Protection Act when SCI or companies working on its behalf made calls through the use of an artificial or prerecorded voice and did not have the recipients’ permission to make these calls, and made calls to consumers without a proper “Do Not Call” policy in effect.

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  3. Why is there a settlement?

    The Settlement represents a compromise of highly disputed claims. Nothing in the Settlement is intended to be construed as an admission by the Defendant that the claims in the Lawsuit are appropriately brought as a class action, that the claims have merit, or that the Defendant has any liability.  Class Counsel believes that the Settlement is fair, reasonable, and adequate and is in the best interest of the Classes.  Both sides have agreed to the Settlement in order to avoid the risks, uncertainty and delays of further litigation.

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  4. Who is the Defendant?

    The Defendant is SCI Direct, Inc. doing business as Neptune Society.

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  5. How do I know if I am part of the settlement?

    
    

    You are included in the settlement as a Settlement Class Member if you fit one or both of the following descriptions:

     

    Prerecord Class: Since October 16, 2013, all persons within the United States to whose telephone number Defendant SCI Direct, Inc. placed a telephone call using CallFire, Inc.’s calling platform when that call was dispositioned as “Answering Machine,” “Live Answer,” or “Do Not Call.”

     

    DNC Class: Since May 27, 2012, all persons within the United States to whose telephone number Defendant SCI Direct, Inc. placed (or had placed on its behalf) two or more telephone calls in a 12-month period.

     

    In general, if you received either a prerecorded call or call using an “artificial” voice from SCI Direct (also known as the Neptune Society) at any time since October 16, 2013, or you received two or more calls within a 12-month period from SCI Direct (after May 27, 2012), you are likely included.

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  6. Are there exceptions to being included?

    Yes. The settlement does not include: (1) the Judges presiding over the Actions and members of their families; (2) the Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and their current or former officers, directors, and employees; (3) Settlement Class Members who properly request exclusion from the Settlement Class; (4) Persons whose claims against the Defendant have been fully and finally adjudicated or released; and (5) the legal representatives, successors or assigns of any excluded Persons.

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  7. What if I am not included in the Class List

    You may submit documentation that supports your contention that you are a Class Member.

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  8. What can I get from the settlement?

    SCI Direct has agreed to create a $15,000,000 Settlement Fund. After deducting Court-approved attorneys’ fees and costs, incentive awards for the Class Representatives, and settlement administration expenses, the balance will be distributed to Settlement Class Members who submit valid Claim Forms. Under the settlement, SCI also agrees to develop and implement certain internal policies, trainings, and procedures to ensure compliance with the TCPA.

    Payments will be distributed pro rata (proportionately) to all Settlement Class Members who submit valid Claim Forms.

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  9. Can I be retaliated against if I submit a claim?

    No.

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  10. Do I have a lawyer in this settlement?

    Yes. Judge Lee appointed Jeremy Glapion of Glapion Law Firm, LLC to represent you and other Settlement Class Members as “Class Counsel.” You will not be charged for this lawyer. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  11. How do I get more information?

    The Notice summarizes the proposed settlement. Complete details are provided in the Stipulation of Class Action Settlement. The Stipulation of Class Action Settlement, Claim Form and other related documents are available on the Case Documents section of this website. Additional information is also available by calling 1-855-200-6242 or by writing to Strache v. SCI Direct, Inc. Settlement Administrator, P.O. Box 404039, Louisville, KY 40233-4039. Publicly-filed documents can also be obtained by visiting the Everett McKinley Dirksen U.S. Courthouse during business hours or accessing the Court’s online docket via PACER.

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  12. I lost/never received my Notice. Can you send it to me?

    You can access a copy of the notice on the Case Documents section of this website. To have a copy mailed to you, you can call 1-855-200-6242 or write to Strache v. SCI Direct, Inc. Settlement Administrator, P.O. Box 404039, Louisville, KY 40233-4039.

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  13. When and where will the Court decide whether to approve the settlement?

    The Court will hold a Final Approval Hearing at 2:00 PM CT on March 14, 2018 at the Everett McKinley Dirksen United States Courthouse, Courtroom 1225, 219 South Dearborn Street, Chicago, Illinois 60604. This date may be subject to change.

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  14. Do I have to come to the hearing?

    You are not required to attend the Final Approval Hearing, although any Settlement Class Member is welcome to attend the hearing. 

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  15. Can I speak at the hearing?

    The purpose of this hearing is for the Court to determine whether to grant final approval to the Settlement. If there are objections, the Court will consider them. The Court will listen to people who have made a timely written request to speak at the hearing. This hearing may be rescheduled by the Court without further notice to you.

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  16. How can I file a claim?

    Claim Forms may be submitted online or printed from the website and submitted to the Settlement Administrator at the address on the form. Claim Forms are also available by calling 1-855-200-6242 or by writing to the Settlement Administrator, Strache v. SCI Direct, Inc. Settlement Administrator, P.O. Box 404039, Louisville, KY 40233-4039.

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  17. What constitutes a valid claim?

    The Claim Form must be completed in its entirety.

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  18. Should I file a claim, exclusion, objection, etc.?

    The decision is yours alone.

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  19. How do I get out of the settlement?

    To exclude yourself from the Settlement Class, you must submit a written request for exclusion. Your request for exclusion must include: (1) your name, address and telephone number; (2) a statement that you are a Settlement Class Member and wish to be excluded from Kelly Strache v. SCI Direct, Inc. d/b/a Neptune Society, Case No.17-cv-4692; and (4) your personal signature. Your request for exclusion must be mailed to the Settlement Administrator at the address below so it is postmarked no later than January 12, 2018:

    Strache v. SCI Direct, Inc. Settlement Administrator P.O. Box 404039 Louisville, KY 40233-4039.

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  20. How do I tell the Court if I don’t like the settlement?

    If you are a Settlement Class Member, you can object to the settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. Your objection must be in writing and include: (1) your name and address; (2) the telephone number you believe received the telemarketing calls at issue in this settlement; (3) a statement indicating that you believe you are included in the Prerecorded Class, DNC Class or both Classes; (4) the reasons why you object to the settlement, including any supporting documents; (5) the name and contact information of your attorney, if you have hired one to represent you in this case; (6) a statement indicating whether you or your attorney intend to appear at the Court’s Final Approval Hearing; and (7) your signature. Mail your objection to all three addresses below so it is filed by the Court and postmarked to Class Counsel and Defense Counsel on or before January 12, 2018.

    The Court

    Everett McKinley Dirksen

    United States Courthouse

    219 South Dearborn Street

    Chicago, IL 60604

    Class Counsel

    Jeremy Glapion

    Glapion Law Firm, LLC

    1704 Maxwell Drive

    Wall, NJ 07719

    Defense Counsel 

    Joseph Wylie

    K&L Gates

    70 West Madison Street

    Suite 3100

    Chicago, IL 60602-4207 

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  21. What’s the difference between objecting and excluding?

    Objecting is simply telling the Court that you do not like something about the Settlement.  You can object only if you do not exclude yourself from the Settlement.  Excluding yourself from the Settlement (“opting-out”) is telling the Court that you do not want to be part of the Settlement.  If you exclude yourself, you have no basis to object because the case no longer affects you.

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  22. What happens if I do nothing?

    If you are a Settlement Class Member and you do nothing, you will give up the rights to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against SCI Direct and the Released Parties about the legal issues resolved by this settlement. In addition, you will not receive a settlement payment.

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