What is the Case About?
What is a Class Action?
Am I a Class Member?
Why is There a Settlement?
What Can I Get From The Settlement?
How Do I Make A Claim If I Did Not Receive The Direct Notice In The U.S. Mail Or Email Notice Of The Settlement?
What Am I Giving Up to Get Settlement Benefits or Stay In the Class?
When Can I Expect To Receive My Settlement Payment?
Can I Exclude Myself From the Settlement?
If I Don’t Exclude Myself, Can I Sue Defendant for the Same Thing Later?
Do I Have a Lawyer in the Case?
How Will the Lawyers and the Class Representatives Be Paid?
How Do I Tell the Court That I Don’t Like the Settlement?
What’s the Difference Between Objecting and Excluding?
When and Where Will the Court Decide Whether to Approve the Settlement?
Do I Have to Come to the Hearing?
What Happens if I Do Nothing At All?
Are There More Details About the Settlement?
This class action case alleges that UNTUCKit, LLC. (“UNTUCKit”) violated California laws that prohibit the recording of telephone calls without the consent of all parties to the conversation. The case covers persons who, between January 10, 2022, through February 3, 2023, inclusive, made or received a telephone call to or from UNTUCKit, from or to a California area code, and engaged in a telephone conversation with UNTUCKit’s employee(s) or representative(s) (“Settlement Class”).
Back To Top
In a class action, one or more people called class representatives (in this case Lynette Fliegelman) sue on behalf of people who have similar claims.
Back To Top
You are a Class Member if, during the period from January 10, 2022, through February 3, 2023, you made or received a telephone call to or from UNTUCKit, from or to a California area code, and engaged in a telephone conversation with UNTUCKit’s employee(s) or representative(s).
If you received a notice of this proposed settlement by mail or email, UNTUCKit has records indicating that you are a member of the Class and automatically entitled to receive a Settlement Payment, as long as UNTUCKit has a U.S. Postal mailing address to mail your check, as discussed below.
You might be a member of the Class, even if you did not receive notice by mail or email. However, you will be required to submit a Claim of Eligibility, as discussed below.
Back To Top
Both sides agreed to a settlement to avoid the uncertainty and cost of class certification and a trial and to provide benefits to Class Members more promptly. The Court did not decide in favor of plaintiff Lynette Fliegelman (“Plaintiff” or “Class Representative”) or defendant UNTUCKit, LLC (“Defendant”). Defendant denies any liability or wrongdoing of any kind associated with the claims in this class action.
Back To Top
Defendant has agreed to create a non-reversionary Settlement Fund of $300,000. After class action administration fees and costs, service payment to the Class Representative, and Class Counsel’s attorneys’ fees and costs are deducted, the remaining amount will be divided up equally amongst all eligible Class Members (“Net Settlement Amount”). Subject to approval by the Court, the Settlement Amount will be automatically distributed to all Class Members:
(i) for whom a U.S. postal mailing address can be identified either in UNTUCKit’s internal records, or through a “reverse lookup” by the Claims Administrator based on available phone numbers in UNTUCKit’s records, without any proof of claim requirement (“Direct Notice” Class Members), or
(ii) for whom UNTUCKit is able to identify an email address and who provide a current mailing address in response to the Email Notice (“Email Notice” Class Members”) no later than April 2, 2024, and
(iii) all other Class Members who did not receive the Direct Notice or Email Notice, but otherwise demonstrate their eligibility as discussed further in the process below by email or letter postmarked no later than April 2, 2024
The Claims Administrator shall make a one-time, pro rata distribution of the Net Settlement Amount to each Class Member. Payment will be made by checks and mailed to the Class Member’s mailing address. Further details about allocation of the settlement proceeds are set forth in the Settlement Agreement and Release, accessible in the Case Document section or by requesting a copy from the Claims Administrator.
Any unclaimed or uncashed funds will be distributed to the University of California, Berkeley Center for Law & Technology – Information Privacy and Security Programs, a non-profit organization qualified under 501(c)(3) of the Internal Revenue Code.
In addition, following the filing of the Action, UNTUCKit ensured that its recording practices comply with California Penal Code section 632.7 such as by providing an automated verbal notice that calls may be recorded prior to recording of customer service telephone call.
You may make only one claim, regardless of the number of calls you had with UNTUCKit during the period from January 10, 2022, through February 3, 2023. Please note that the Claims Administrator and/or Defendant may use available records to investigate the accuracy of claims.
Back To Top
As explained above, if you did not receive the Direct Notice or Email Notice of the Settlement, but nonetheless believe that you are a Class Member, you must send a letter to the Claims Administrator at Fliegelman v. Untuckit, LLC, c/o Simpluris, Inc, PO Box 25226, Santa Ana, CA 92799 or email to the Claims Administrator at info@untuckitclassactionsettlement.com which includes: (a) the name of the Action, “Fliegelman v. Untuckit, LLC”; (b) your full name and current postal address; (c) the relevant current and/or past telephone number(s) from which you made or received calls to or from UNTUCKit, from or to a California area code; (d) that the calls were made between January 10, 2022 through February 3, 2023; and (e) that you spoke with a representative of UNTUCKit.
The Claims Administrator may verify with UNTUCKit that (1) the information set forth in the Claim of Eligibility is accurate; and (2) that you are a Class Member.
To be entitled to receive a Settlement Payment, Class Members must submit this communication to the Claims Administrator by no later than April 2, 2024. The delivery date is deemed to be the date (a) the Claim of Eligibility is deposited in the U.S. Mail as evidenced by the postmark, in the case of submission by U.S. Mail, or (b) in the case of submission electronically, the date the Claims Administrator receives the Claim of Eligibility, as evidenced by the transmission receipt.
It is highly recommended that you retain proof of submitting your Claim of Eligibility.
If you choose to participate in the Settlement by submitting a Claim of Eligibility, you will be bound by all of the provisions of the Settlement Agreement and Release, including a full release of claims that will prevent you from separately suing UNTUCKit and its agents for the claims asserted in the Lawsuit.
If you move during the pendency of the Lawsuit, please contact the Claims Administrator to update your address.
Back To Top
Unless you exclude yourself, as described below, you will remain in the Class and be bound by the terms of the settlement and all of the Court’s orders. This means that you can’t sue or be part of any other lawsuit against Defendant or their related parties about the issues in this case. Staying in the Class also means that you agree to the following release of claims, which describes the legal claims that you give up:
Release by the Settlement Class. Upon entry of the Judgment, Class Representative, for herself and on behalf of each member of the Class who has not submitted a valid and timely request for exclusion from the Class, and her respective heirs, assigns, successors, agents, attorneys, executors, and representatives, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, irrevocably, and forever released Defendant and, whether or not specifically named herein, each of their past or present directors, officers, employees, agents, shareholders, members, investors, insurers, reinsurers, attorneys, advisors, consultants, representatives, partners, affiliates, related companies, parents, subsidiaries, joint venturers, independent contractors, service providers, vendors, divisions, predecessors, successors, and assigns, from any and all liabilities, claims, causes of action, damages, costs, attorneys’ fees, losses, or demands, whether known or unknown, existing or potential, suspected or unsuspected, that occurred during the Class Period which (1) are or were asserted in the Action based on the factual allegations alleged therein, or that could have been reasonably asserted in the Action based on the factual allegations alleged therein, (2) relate to the violation of the California Invasion of Privacy Act, Cal. Penal Code §632.7, (3) relate to the recording of telephone calls, and/or (4) arise out of the institution, prosecution, assertion, defense, settlement or resolution of the Action (collectively, the “Released Claims”).
Back To Top
The Court will hold a hearing on May 13, 2024, to decide whether to give final approval to the settlement. You will be kept informed of the progress of the settlement through the dedicated settlement website at www.UntuckitClassActionSettlement.com. Please be patient.
Back To Top
If you don’t want to receive benefits from this settlement, but you want to keep the right to sue Defendant on your own at your own expense about the issues in this case, then you must take steps to exclude yourself from the settlement. This is also called “opting out” of the settlement. To exclude yourself from the settlement, you must send a letter by first class United States mail to the Claims Administrator, containing (1) the title of the Action, “Fliegelman v. Untuckit, LLC”; (2) your full name, address, and telephone number; and (3) a statement that you request to be excluded from the Settlement Class. You are also asked to but not required to provide a short statement of the reasons for the request. Be sure to include your name, address, telephone number, and signature. Your letter requesting exclusion from the settlement must be postmarked no later than April 2, 2024, and mailed to:
Fliegelman v.Untuckit, LLC
c/o Simpluris, Inc
P.O. Box 25226
Santa Ana, CA 92799
If you request exclusion from the settlement, you will not get any settlement benefits, and you cannot object to the terms of the settlement. You will not be legally bound by anything that happens in this lawsuit.
Back To Top
No. Unless you exclude yourself, you give up any right to sue Defendant and/or any of the released parties for the claims that this settlement resolves. If you have a pending lawsuit covering these same claims, speak to your lawyer in that case immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit.
Back To Top
The Court has appointed the Law Offices of Zev B. Zysman, APC (Zev B. Zysman, Esq.) to represent you and other class members as Class Counsel. Class Counsel will be paid from the Settlement Fund, and you will not be charged for this. If you want to be represented by your own lawyer, you may hire one at your own expense.
Back To Top
Class Counsel will ask the Court to approve payment of $90,000 (30% of the $300,000 Settlement Fund) in attorneys’ fees plus all out-of-pocket costs (of an amount not to exceed $20,000). The requested fee amount reflects the monetary value of the Settlement Fund based on a percentage of the recovery and the non-monetary value of the settlement (i.e., Defendant’s having ensured that its recording practice is in compliance with California Penal Code section 632.7 following the Action). The fees would pay Class Counsel for investigating the facts, litigating the case, negotiating the settlement, and following through to make sure that its terms are carried out. Class Counsel also will ask the Court to approve a payment of $5,000 to plaintiff Lynette Fliegelman for her service as Class Representative. The Court may award less than these amounts. These amounts will be paid out of the $300,000 Settlement Fund. Class Counsel will file with the Court its motion for award of attorneys’ fees, litigation costs, administration costs and Class Representative’s service payment no later than March 18, 2024. After that date, you may view the motion in the Case Documents Section.
Back To Top
You can ask the Court to deny approval of the Settlement by making an objection. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue.
You must object to the proposed settlement in writing. All written objections and supporting papers must include (1) the name and case number of the lawsuit: Fliegelman v. Untuckit, LLC, United States District Court for the Southern District of California, Case No. 3:23-cv-00314-LAB-JLB; (2) the objector’s full name, postal address and telephone number (email address is optional); (3) the words “Notice of Objection” or “Formal Objection”; (4) proof of the objector’s membership in the Class in the form of a statement; (5) a statement of each objection; (6) a written statement detailing the specific reasons, if any, for each objection, including any legal and factual support the objector wishes to bring to the Court’s attention and any evidence the objector wishes to introduce in support of the objection(s); (7) the objector’s signature and the date, and (8) the following language immediately above the objector’s signature: “I declare under penalty of penalty of perjury under the laws of the United States of America that the foregoing statements regarding class membership are true and correct to the best of my knowledge.” Class Members who do not timely make their objections in this manner will be deemed to have waived all objections and will not be entitled to be heard at the settlement approval hearing.
Objections must be mailed to the Claims Administrator at Fliegelman v. Untuckit, LLC, c/o Simpluris, PO Box 25226, Santa Ana, CA 92799. Objections must be postmarked or delivered by April 2, 2024, to be considered timely.
If you submit a written objection, you may appear at the Final Fairness and Approval Hearing, either in person or through personal counsel hired at your expense, to object to the Settlement Agreement. However, if you, or your attorney, intend to make an appearance at the Final Fairness and Approval Hearing, you must also include on the timely and valid objection submitted to the Claims Administrator, a statement substantially similar to “Notice of Intention to Appear” and the identity of any witnesses you may call to testify and any Exhibits you intend to introduce into evidence at the hearing by April 2, 2024, to be considered timely.
Back To Top
Objecting is telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. If you object, you may still submit a Claim of Eligibility to receive the benefits of the settlement. Excluding yourself is telling the Court that you don’t want to be part of the Class or participate in the settlement. If you exclude yourself, you have no basis to object because the case no longer affects you. You cannot both object to and exclude yourself from the settlement. Any person who attempts both to object to and exclude themselves from the settlement will be deemed to have excluded themselves and will forfeit the right to object to or participate in the settlement or any of its terms.
Back To Top
The Court will hold a Final Fairness and Approval Hearing regarding the settlement at 11:30 a.m. on May 13, 2024, in Courtroom 14A of the United States District Court for the Southern District of California, located at 333 West Broadway, San Diego, California 92101. At that hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who ask to speak at the hearing. The Court also will decide how much to pay to Class Counsel and the Class Representative. After the hearing, the Court will decide whether to approve the settlement. Class Counsel does not know how long those decisions will take.
The Final Fairness and Approval Hearing date, time or location may be changed without further notice. Any change to the final fairness hearing date, time or location will be posted here on the Settlement Website.
Back To Top
No. Class Counsel will answer questions the Court may have. You are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you submit your written objection on time, the Court will consider it. You may also have your own lawyer attend at your own expense, but doing so is not necessary.
You may ask the Court for permission to speak at the Final Fairness and Approval Hearing. You cannot submit an objection or speak at the hearing if you exclude yourself from the settlement.
Back To Top
If you do nothing, with respect to this Notice, you will not receive any Settlement Payment and you will be bound by the terms of the Settlement including the release of claims described above, unless you received the Direct Notice or Email Notice of the Settlement, and the Claims Administrator has a mailing address for you in order to mail you a check. This also means that you can’t sue or be part of any other lawsuit against Defendant or the other released parties about the issues in this case.
Back To Top
This notice summarizes the proposed settlement. In order to see the complete file including the individual terms of the settlement, you should visit during normal business hours the Office of the Clerk, U.S. District Court for the Southern District of California, 333 West Broadway, San Diego, California 92101. The Clerk will inform you as to how to obtain the file relating to this lawsuit for inspection and copying at your own expense. For the precise terms and conditions of the settlement, please see the Settlement Agreement. Additionally, you can get a copy of the Settlement Agreement, the Complaint, and certain other case documents via the Case Document Section or by writing to the Claims Administrator at PO Box 25226, Santa Ana, CA 92799. For Frequently Asked Questions, please contact us at 1-888-369-6081 or visit the FAQ section of the Settlement website.
You also can contact Class Counsel:
Zev B. Zysman, Esq.
Law Offices of Zev B. Zysman
15760 Ventura Boulevard
Suite 700
Encino, California 91436
(818) 783-8836
zev@zysmanlawca.com
Back To Top
PLEASE DO NOT CALL THE COURT, THE COURT CLERK’S OFFICE, DEFENDANT, OR DEFENDANT’S COUNSEL WITH ANY QUESTIONS RELATED TO THE SETTLEMENT.