A federal court authorized this Notice. This is not a solicitation from a lawyer.

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1 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA If automated or auto-dialed telephone calls were placed to your cell phone number OR calls made with an automated or prerecorded voice were placed to your residential telephone number OR you received any calls to a telephone number registered on the National Do-Not-Call Registry, you could get a payment from a class action settlement. A federal court authorized this Notice. This is not a solicitation from a lawyer. As part of a class action settlement, and without admitting to any liability, Verengo, Inc. ( Verengo ) has agreed to pay $2,365,000 into a fund from which eligible consumers will receive cash awards. The settlement resolves a lawsuit over whether Verengo is liable for calls made in alleged violation of the Telephone Consumer Protection Act, 47 U.S.C. 227, et seq. ( TCPA ) through the use of an automatic telephone dialing system or artificial or pre-recorded voice, to cellular and residential telephones, and for calls made to telephone numbers registered on the National Do-Not-Call Registry. Court-appointed lawyers for the class will ask the Court for up to $591,250 of the fund as fees and to reimburse them for the out-of-pocket expenses they paid to investigate the facts, litigate the case, and negotiate the settlement. The two sides disagree on whether Plaintiffs and the class could have won at trial. Your legal rights are affected whether you act, or don t act. Read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: SUBMIT A VALID CLAIM FORM BY MARCH 21, 2016 The only way to get a payment. EXCLUDE YOURSELF BY MARCH 21, 2016 Get no payment. This option allows you to opt-out of the settlement without releasing any claims you have or may have against Verengo. OBJECT BY MARCH 21, 2016 Write to the Court about why you don t like the settlement or think it is unfair. GO TO A HEARING ON MAY 2, 2016, at 10:00 a.m. Ask to speak in Court about the fairness of the settlement after you have filed an objection. DO NOTHING Get no payment. Give up rights and claims you have or may have against Verengo. VGLNTW2

2 BASIC INFORMATION 1. What is the purpose of this Notice? The purpose of this Notice is to inform you that a proposed settlement has been reached in the class action lawsuit entitled Lushe v. Verengo, Inc., Case No. 2:13-cv AB (PJWx). Because your rights will be affected by this settlement, it is extremely important that you read this Notice carefully. This Notice summarizes the settlement and your rights under it. 2. What does it mean if I got an or postcard about this settlement? What if I saw something online about the settlement? You may have received an or a postcard because Verengo s records indicate that it or a third party lead provider acting on its behalf called your cellular or residential telephone number. Even if you did not receive an or postcard, you may still be able to participate in the settlement if you meet the criteria set forth in Question 5 below. 3. What is this lawsuit about? In a class action, one or more people called class representatives sue on behalf of people who have similar claims. All these people are class or class members. One court resolves the issues for all class members, except for those who exclude themselves from the class. Here, the class representatives claim that on or after October 16, 2009 through December 21, 2015 Verengo or third parties acting on its behalf, violated the TCPA by using an automatic telephone dialing system or artificial and pre-recorded voices to make calls to consumers cell phones, by using a prerecorded voice to make calls to consumers residential phone lines, and by calling telephone numbers even when those numbers were on the National Do-Not-Call Registry. The class representatives claim that Verengo, or the third party acting on its behalf, did not have the consumers prior express consent to make these calls. The Court has certified a class action for settlement purposes only (the Settlement Class ). U.S. District Court Judge André Birotte, Jr. is in charge of this class action. Verengo denies that it did anything wrong, and denies that this case would be certified as a class action in litigation. 4. Why is there a settlement? The Court did not decide in favor of Plaintiffs or Verengo. The Plaintiffs think they could have won $1,500 per illegal call if they won at trial. Verengo thinks the Plaintiffs would not have won anything from a trial. But there was no trial. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get some compensation. The class representatives and the attorneys think the settlement is best for the Settlement Class

3 5. How do I know if I am a part of the settlement? WHO IS IN THE SETTLEMENT You are in the Settlement Class if, on or after October 16, 2009 through December 21, 2015, Verengo, or a third-party lead provider: (1) Called you on your cellular telephone using an automatic telephone dialing system or an artificial or pre-recorded voice without your permission; or (2) Called you on your residential line using an artificial or prerecorded voice message without your permission; or (3) Called you on a telephone number that was on the National Do-Not-Call Registry without your permission. The Settlement Class does not include any person who validly excludes him or herself from the Settlement by following the procedures described under Question 11. A person who does not properly exclude him or herself is a Settlement Class Member. If you have questions about whether you are part of the Settlement Class, you may call or visit for more information. THE SETTLEMENT BENEFITS WHAT YOU GET 6. What does the settlement provide? Verengo has agreed to pay $2,365,000 to be divided among all Settlement Class Members who send in a valid claim form, after attorneys fees, costs, and settlement administration expenses have been deducted. Verengo also has agreed to implement a program to ensure that its personnel and its lead providers comply with the TCPA. This program includes taking appropriate measures to ensure that its lead providers are obtaining prior express consent when using an automated telephone dialing system or artificial or prerecorded voices to make calls and that they are scrubbing their call lists for cellular telephones and telephone numbers registered on the National Do-Not-Call Registry, unless these calls are made with prior express consent of the called party. 7. How much will my payment be? Your share of the settlement will depend on the number of claim forms that Settlement Class Members submit. Class Counsel estimate you will receive between $40 and $80. HOW YOU GET A PAYMENT SUBMITTING A CLAIM FORM 8. How can I get a payment? To qualify for payment, you must submit a claim form by March 21, You may submit a claim form online by going to the Settlement Website at and following the directions. You may also request a paper copy of the claim form by calling the Settlement Administrator toll-free at Claim forms sent by mail must be postmarked by March 21, 2016 and mailed to: Verengo TCPA Settlement Administrator P.O. Box 30182, College Station, TX

4 9. When would I get my payment? The Court will hold a hearing on May 2, 2016 at 10:00 a.m. to decide whether to approve the Settlement. If the Settlement is approved, appeals may still follow. It is always uncertain whether these appeals can be resolved, and resolving them can take more than a year. Please be patient. 10. What am I giving up to get a payment or stay in the Class? The TCPA permits consumers to recover actual damages or $500 in statutory damages for each call that is placed in violation of the TCPA. If the consumer proves that illegal calls were placed willfully, the consumer can recover up to $1,500 in statutory damages per call. Unless you exclude yourself, you are staying in the Settlement Class and you will be a Settlement Class Member. That means that you can t sue, continue to sue or be part of any other lawsuit against Verengo on the TCPA claims that are subject to the settlement. It also means that all of the Court s orders will apply to you and legally bind you. The Settlement Agreement (available at specifically describes the claims you are releasing (the Release Claims or Release ) in detail, so read it carefully. To summarize, the Release includes all claims that relate to or arise out of Verengo and its vendors improper use of an automatic telephone dialing system and/or an artificial or prerecorded voice to make telephone calls to cellular and residential telephones, and to numbers registered with the National Do-Not-Call Registry. EXCLUDING YOURSELF FROM THE SETTLEMENT If you don t want a payment from this settlement, and you want to keep the right to sue or continue to sue Verengo or related entities that called you about the legal issues in this case, then you must take steps to get out. This is called excluding yourself -- or is sometimes referred to as opting out of the Settlement Class. 11. How do I get out of the settlement? To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from the Lushe et al. v. Verengo, Inc. settlement. You must sign the letter and include the following statement: I request to be excluded from the Settlement in the Lushe action. You must mail your exclusion request postmarked no later than March 21, 2016 to the following address: Verengo TCPA Settlement Administrator P.O. Box 30182, College Station, TX If you ask to be excluded, you will not get any payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Verengo in the future. 12. If I don t exclude myself, can I sue Verengo for the same thing later? No. Unless you exclude yourself, you give up any right to sue Verengo for the claims that this settlement resolves. Remember, the exclusion deadline is March 21,

5 13. If I exclude myself, can I get money from this settlement? No. If you exclude yourself, do not send in a claim form to ask for any money. 14. Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU The Court has appointed Terrell Marshall Law Group PLLC to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. 15. How will the lawyers be paid? Class Counsel will ask the Court to approve payment of up to $591,250 to them for attorneys fees and costs. This amounts to 25% of the total $2,365,000 fund. Class Counsel also will ask the Court to approve payment for their out-of-pocket expenses. These payments would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. Class Counsel also will request service awards of $2,500 each ($5,000 total) to the two named Plaintiffs to compensate them for their time and effort. The Court may award less than these amounts. OBJECTING TO THE SETTLEMENT You may tell the Court that you don t agree with the settlement or some part of it. 16. How do I tell the Court I don t like the settlement? If you re a Class Member, you may object to the settlement if you don t like any part of it. You may give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to Lushe et al. v. Verengo, Inc. You must make your objection in writing and file it with the Court and serve it on all parties. The written objection must be signed and must (a) contain information sufficient to allow the parties to confirm that the objector is a member of the Settlement Class; (b) include a statement of the Class Member s specific objections, as well as any documents that the objector would like the Court to consider. You must file the objection no later than by March 21, 2016 with the Court: Lushe v. Verengo, Inc. Case No. 2:13-cv AB (PJWx) Clerk of the Court U.S. District Court for the Central District of California 312 North Spring Street Los Angeles, CA What s the difference between objecting and excluding? Objecting is simply telling the Court that you don t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you

6 THE COURT S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don t have to. If you do not file an objection, you may not appear at the hearing.le 18. When and where will the Court decide whether to approve the settlement? The Court will hold a Fairness Hearing at 10:00 a.m. on May 2, 2016, at the U.S. District Court for the Central District of California, Western Division, located at 312 North Spring Street, Los Angeles, CA , in Courtroom 4-2nd Floor. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Birotte will listen to people who have asked to speak at the hearing and who have complied with the requirements for submitting objections set forth in Question 16 above. The Court may also decide how much to pay to Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. 19. Do I have to come to the hearing? No. Class Counsel will answer questions Judge Birotte may have. But, 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 mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it s not necessary. 20. What happens if I do nothing at all? IF YOU DO NOTHING If you do nothing, you ll get no money from this settlement. But, unless you exclude yourself, you won t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Verengo about the claims released in this case. 21. Are there more details about the settlement? GETTING MORE INFORMATION This Notice summarizes the proposed settlement. More details are in the Settlement Agreement. You may review the Settlement Agreement on the Settlement Website at You also can get a copy of the Settlement Agreement by writing to Beth E. Terrell, Terrell Marshall Law Group PLLC, 936 N. 34 th Street, Suite 300, Seattle, Washington How do I get more information? You can call toll-free; write to Verengo TCPA Settlement Administrator, P.O. Box 30182, College Station, TX ; or visit the website at where you will find answers to common questions about the settlement, a claim form, plus other information to help you determine whether you are a member of the Settlement Class. You also may write to Class Counsel at Terrell Marshall Law Group PLLC, 936 N. 34 th Street, Suite 300, Seattle, Washington DATE: JANUARY 20,

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