Rattner v. Tribe App., Inc., Case No. 17-cv-21344-UU,
Horsley v. Tribe App., Inc., Case No. 1:17-cv-23111-JLK
The Notice is to inform you of the proposed Settlement of a class action lawsuit and about all of your rights and options before the Court decides whether to approve it. The Notice describes the lawsuit, the proposed Settlement, your legal rights, what benefits are available, and who can get them.
Judge Ursula Ungaro of the United States District Court, Southern District of Florida is overseeing the proposed Settlement in the matter of Alexander M. Rattner v. Tribe App., Inc., Case No. 17-cv-21344-UU, and Kenneth Horsley v. Tribe App., Inc., Case No. 1:17-cv-23111-JLK (the “Litigation”). The proposed Settlement will resolve the claims made against Tribe in the Litigation. The people who sued are called the “Plaintiffs.” Tribe is the “Defendant.”
If you did not receive the Notice, you can review a copy here.Back To Top
The Litigation alleges that Tribe sent text messages to wireless telephone numbers in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), and seeks statutory damages under the TCPA on behalf of the named Plaintiffs and a proposed class of all Persons, in the United States, who received:
Tribe denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the Litigation and further denies that the claims in the Litigation would be appropriate for class treatment if the Litigation were to proceed through trial.
The Settlement resolves the Litigation. The Court has not decided who is right.Back To Top
The TCPA is a federal law that restricts telephone solicitations and the use of certain automated telephone equipment, such as automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines for advertising and certain other purposes.Back To Top
In a class action, one or more people called “Class Representatives” (in this case, Plaintiffs Alexander M. Rattner and Kenneth Horsley) sue on behalf of themselves and other similarly situated people. Together, all the people with similar claims are members of a “Settlement Class.”Back To Top
The Court has not decided in favor of Plaintiffs or Tribe. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Members will receive the benefits described in the Settlement Agreement. The proposed Settlement does not mean that any law was broken or that Tribe did anything wrong. Tribe denies all legal claims in the Litigation. Plaintiffs and their lawyers think the proposed Settlement is best for everyone who is affected.Back To Top
The Settlement includes all Persons, in the United States, who received:
These people are called the “Settlement Class.”
Excluded from the Settlement Class are:
If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, call the toll-free number, 1-844-420-6492. You also may send questions to the Settlement Administrator at Tribe Settlement Administrator, P.O. Box 3560, Portland, OR 97208-3560.Back To Top
Tribe has agreed to pay $200,000.00 to create a “Settlement Fund.” The Settlement Fund will be used to pay all Awards, Attorneys’ Fee Awards, Incentive Awards, and Notice And Administration Costs. After any Notice And Administration Costs, Attorneys’ Fee Awards, and Incentive Awards have been deducted from the Settlement Fund, Settlement Class Members who submit a Valid Claim will receive a pro rata share of the Settlement Fund, up to $500.00 a text message.
Tribe has also agreed that it will not send or cause to send any text messages to the contact of a user of the Tribe App, as a result of a user of the Tribe App using the Tribe App, without a user of the Tribe App manually selecting that Person or inputting that Person’s contact information through the Tribe App, without a user of the Tribe App writing any message accompanying any text message to the Person, and without that text message coming from the user’s phone number. If, when Defendant allows a user of the Tribe App to invite a Person, through the Tribe App, by text message, to use the Tribe App, Defendant will require that the user be the one to manually input that Person’s phone number into the text message, that the user write any message accompanying any text message to the Person to be invited to the Tribe App, and that the text message come from the user’s phone number.Back To Top
To get a payment, you must have submitted a valid Claim on or before April 3, 2018. Claim Forms are no longer being accepted.Back To Top
Payments to valid Claimants will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see FAQ 19). If there are appeals, resolving them can take time. Please be patient.Back To Top
If you do not want benefits from the Settlement, and you want to keep any right you might have to sue Tribe about the issues in the Litigation, then you must take steps to get out of the Settlement. This is called “opting out” of the Settlement Class.
To exclude yourself from the Settlement, you must send a letter or other written document by mail to the following address:
Tribe Settlement Administrator
P.O. Box 3560
Portland, OR 97208-3560
Your request to be excluded from the Settlement must be personally signed by the member of the Settlement Class requesting exclusion, contain a statement that indicates his or her desire to be excluded from the Settlement Class, and contain a statement that he or she is otherwise a member of the Settlement Class.
Your exclusion request must be postmarked no later than April 3, 2018. You cannot ask to be excluded on the phone, by email, on this website, or by any other manner.
You may opt out of the Settlement Class only for yourself. So-called “mass” or “class” opt-outs, whether filed by third parties on behalf of a “mass” or “class” of members of the Settlement Class or by multiple members of the Settlement Class where no personal statement has been signed by each and every individual member of the Settlement Class, are not allowed.Back To Top
No. Unless you exclude yourself, you give up any right you might have to sue Tribe for legal claims that the Settlement resolves. You must exclude yourself from the Settlement Class in order to try to maintain your own lawsuit. If you start your own lawsuit, you will have to hire your own lawyer, and you will have to prove your claims.Back To Top
Unless you exclude yourself from the Settlement, you cannot sue or be part of any other lawsuit against Tribe about the issues in the Litigation, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you. If you file a Claim Form for benefits or do nothing at all, you will be releasing Tribe from all of the claims described and identified in the Settlement Agreement.
The Settlement Agreement provides more detail regarding the release and describes the released claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firm seeking to represent the Settlement Class and listed in Question 15 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the released claims or what they mean.Back To Top
No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.Back To Top
The Court has appointed Hiraldo, P.A. and Shamis & Gentile, P.A. as “Class Counsel” to represent all members of the Settlement Class.
You will not be charged for these lawyers’ services. The Attorneys’ Fee Award will be paid directly from the Settlement Fund. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense..Back To Top
Class Counsel intend to request up to 33% of the value of the Settlement for attorneys’ fees, plus reimbursement of reasonable, actual out-of-pocket expenses incurred in the Litigation. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will decide the amount of fees and expenses to award.
Class Counsel also will request that an Incentive Award of $4,500.00 be paid from the Settlement Fund to each of the Plaintiffs for their service as representatives on behalf of the whole Settlement Class.Back To Top
If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must submit a letter or other written document that includes the following:
You must file your objection with the Court and mail your objection to each of the following, postmarked by April 3, 2018:
United States Courthouse
United States District Court for the
Southern District of Florida
400 N Miami Ave
Miami, FL 33128
Tribe Settlement Administrator
P.O. Box 3560
Portland, OR 97208-3560
|Class Counsel||Defendants’ Counsel|
|Manuel S. Hiraldo
401 E. Las Olas Blvd.
Fort Lauderdale, FL 33301
|Steven D. Weber
Weber Law, P.A.
1221 Brickell Ave.
Miami, FL 33131
Objecting is simply telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself 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 to the Settlement because it no longer affects you.Back To Top
THE FAIRNESS HEARING
The Court will hold a hearing to decide whether to approve the Settlement and any requests for fees and expenses (“Fairness Hearing”).
The Court has scheduled a Fairness Hearing on April 27, 2018 at 1:30 p.m. ET at United States Courthouse, United States District Court for the Southern District of Florida, Miami Division, 400 N Miami Ave, Miami, FL 33128. The hearing may be moved to a different date or time without additional notice, so please check this website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for Attorneys’ fees and expenses and for an Incentive Award to the Class Representatives. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.Back To Top
No. Class Counsel will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time, to the proper addresses, and it complies with the other requirements set forth in FAQ 17 and in the Settlement Agreement, the Court will consider it. You also may pay your own lawyer to attend the hearing, but it is not necessary.Back To Top
You may ask the Court for permission to speak at the Fairness Hearing. To do so, your filed objection must include a statement of your intent to appear at the Fairness Hearing (see FAQ 17) .
You cannot speak at the hearing if you exclude yourself from the Settlement.Back To Top
If you are a member of the Settlement Class and do nothing, you will not get benefits from the Settlement. And, unless you exclude yourself, you will be bound by the judgment entered by the Court. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit or proceeding against Tribe about the claims at issue in this case.Back To Top
This website summarizes the proposed Settlement. More details are available in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement. You also may write with questions to the Settlement Administrator at Tribe Settlement Administrator, P.O. Box 3560, Portland, OR 97208-3560, or call the toll-free number, 1-844-420-6492.Back To Top