UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Transcription

1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA A federal court authorized this notice. This is not a solicitation from a lawyer. A settlement will provide a $4,500,000 fund from which claims will be paid to persons or entities that received telephone calls from ADCAHB Medical Coverages, Inc. ( ADCAHB ) marketing Blue Cross and Blue Shield of Florida, Inc. ( Florida Blue ) products or services. The settlement resolves a lawsuit over whether such calls violated the federal Telephone Consumer Protection Act ( TCPA ), 47 U.S.C. 227, et seq., which restricts, for example, automated telemarketing calls to cellular telephones and calls to phone numbers on the National Do Not Call Registry. The sides disagree over whether plaintiff would have prevailed on his motion to certify the class and whether plaintiff and the class (if certified) could have prevailed 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 TIMELY SUBMIT A VALID CLAIM FORM EXCLUDE YOURSELF OBJECT GO TO A HEARING DO NOTHING Receive a payment. If you ask to be excluded, you will get no payment. This allows you to pursue your own lawsuit against Florida Blue about the legal claims in this case. Write to the Court about why you do not like the settlement. Ask to speak in Court about the fairness of the settlement. Have no opportunity for a payment. Give up rights. These rights and options and the deadlines to exercise them are explained in this notice. The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the Court approves the settlement and after any appeals are resolved. Please be patient. CLAIMS MUST BE POSTMARKED OR SUBMITTED ONLINE BY MAY 26, 2015 BFGNTW2

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION... Page 3 1. What is this lawsuit about? 2. Why is this a class action? 3. Why is there a settlement? 4. Why did I get a notice by mail? WHO IS IN THE SETTLEMENT CLASS... Page 4 5. How do I know if I am part of the settlement? THE SETTLEMENT BENEFITS WHAT YOU GET... Page 4 6. What does the settlement provide? 7. How much will my payment be? HOW YOU GET A PAYMENT SUBMITTING A CLAIM FORM... Page 5 8. How do I apply for a payment? 9. When would I receive my payment? 10. What am I giving up to receive a payment or stay in the Settlement Class? EXCLUDING YOURSELF FROM THE SETTLEMENT CLASS... Page How do I exclude myself from the settlement? 12. If I don t exclude myself, can I sue Florida Blue for the same thing later? 13. If I exclude myself, can I get money from this settlement? THE LAWYERS REPRESENTING YOU... Page Do I have a lawyer in this case? 15. How will the lawyers and Class Representative be paid? OBJECTING TO THE SETTLEMENT... Page How do I tell the Court that I do not like the settlement? 17. What is the difference between objecting and excluding/opting-out? THE COURT S FAIRNESS HEARING... Page When and where will the Court decide whether to approve the settlement? 19. May I speak at the hearing? IF YOU DO NOTHING... Page What happens if I do nothing at all? GETTING MORE INFORMATION... Page How do I get more information? - 2 -

3 1. What is this lawsuit about? BASIC INFORMATION Plaintiff Carlos Guarisma, on behalf of himself and a class of purportedly similarly situated people, alleges that ADCAHB made or initiated, or caused to be made or initiated, telemarketing calls marketing Florida Blue products or services in violation of the Telephone Consumer Protection Act ( TCPA ), 47 U.S.C. 227(b). The TCPA prohibits using an automatic telephone dialing system and/or an artificial prerecorded voice to make calls to cell phones without the prior express consent of the recipients, and restricts calling phone numbers that are on the National Do Not Call Registry. Although Florida Blue did not make any of the alleged phone calls at issue, and expressly denies that it did anything wrong, or that this case is appropriate for treatment as a class action, Plaintiff alleges that Florida Blue is responsible for these alleged calls. Florida Blue also denies the allegations in the lawsuit. 2. Why is this a class action? In a class action, one or more people called Class Representatives (in this case, Carlos Guarisma), sue on behalf of people who have similar claims. All these people are a class or class members. One court resolves the issues for all class members, except for those who exclude themselves from the class. Judge Federico A. Moreno is in charge of this class action. 3. Why is there a Settlement? The Court did not decide in favor of plaintiff, ADCAHB, or Florida Blue. Both sides agreed to a settlement instead of going to trial. That way, they avoid the significant cost of a trial, and the people affected will get compensation. The Class Representative and the attorneys think the settlement is best for all Settlement Class Members. 4. Why did I get a notice by mail? If you received a mailed notice of the settlement, you received that notice because records have confirmed that from March 21, 2009 through March 2, 2015, ADCAHB made or initiated, or caused to be made or initiated, a call marketing Florida Blue products or services to a telephone number assigned to you

4 WHO IS IN THE SETTLEMENT CLASS 5. How do I know if I am part of the Settlement? The settlement provides certain relief for Settlement Class Members who timely submit a valid claim as described below. The Settlement Class is: All persons to whom ADCAHB made or initiated, or caused to be made or initiated, a telephone call marketing Florida Blue products or services from March 21, 2009 through March 2, Excluded from the Settlement Class are the Judge to whom the lawsuit is assigned and any member of the Judge s staff and immediate family, as well as all persons who validly request exclusion from the Settlement Class. If you received a postcard notice, call records indicate that you are potentially a Settlement Class Member. If you have questions about whether you are a Settlement Class Member, or are still not sure whether you are included, you can call or visit for more information. 6. What does the Settlement provide? The Settlement Benefits What You Get Florida Blue has agreed to create a settlement fund of $4,500,000 from which Settlement Class Members who timely submit a valid claim form will be paid. Florida Blue is also continuing to take meaningful steps to minimize the likelihood of entities such as ADCAHB making similar calls in the future. 7. How much will my payment be? It is estimated that each Settlement Class Member who timely submits a valid claim form will receive approximately $130, but that amount could go up or down based upon the number of timely valid claims. Depending upon how many of the Settlement Class Members timely return valid claim forms, each qualifying Settlement Class Member may receive more or less money, so your share of the fund will depend upon the number of timely valid claim forms that Settlement Class Members submit. Here is a more detailed explanation of how it works: Florida Blue has agreed to provide a settlement fund of $4.5 million. All notice and administration costs, the incentive award to the Class Representative, and attorney s fees and costs for Class Counsel will come from this amount. The settlement fund pays for: (1) first, all settlement administration costs; (2) second, attorneys fees and costs to Class Counsel, as approved by the Court; and (3) third, an incentive award, if any, to the Class Representative. The amount remaining will be paid on a pro rata basis to the Settlement Class Members who timely submit valid claim forms (the per-settlement Class Member Benefit )

5 In the unlikely event the number of claimants results in the calculated per-settlement Class Member Benefit being greater than $500, each Settlement Class Member timely submitting a valid claim form would only receive $500, and any remaining funds in the Settlement Fund may be distributed cy pres to a charitable organization(s). How You Get a Payment Submitting a Claim Form 8. How do I apply for a payment? To qualify for payment, you must timely submit a valid claim form to the Claims Administrator, who will verify your claim. You may also submit a claim online at and you may also download a mail-in claim form at that website. You may also call the Claims Administrator, Guarisma v. BCBS Claims Administrator, at and request that a claim form be mailed to you. Read the instructions carefully, fill out the form, include all the information the form asks for, sign it, and mail it postmarked no later than May 26, If you had more than one telephone number called, you should timely complete and submit a separate claim form for each unique number. 9. When would I receive my payment? Judge Moreno will be holding a hearing on June 23, 2015, to decide whether to approve the settlement. Judge Moreno may approve the settlement at the hearing or he may take some additional time to reach that decision, which may then be subject to an appeal to a higher court. It is always uncertain when such appeals can be resolved, and resolving them can take time, perhaps more than a year. Everyone who submits a valid claim form will be informed of the progress of the settlement. Please be patient. 10. What am I giving up to receive a payment or stay in the Settlement Class? Unless you exclude yourself, you will remain in the Settlement Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against Florida Blue based on the legal issues in this case. It also means that all of the Court s orders will apply to you and legally bind you. This is true whether or not you submit a claim form. If you were to file your own lawsuit with regard to the claims at issue you could assert a claim for statutory damages of between $500 and $1,500 per violation, plus injunctive relief. However, in that case Florida Blue would assert any and all defenses available to it in such a suit. The exact release is available in the Settlement Agreement and Release, which is posted at Excluding Yourself From the Settlement Class If you don t want a payment from this settlement, you want to keep the right to sue or continue to sue Florida Blue on your own about the legal issues in this case, or you simply don t want to be part of the settlement, then you must take steps to exclude yourself from the settlement also referred to as opting out of the Settlement Class

6 11. How do I exclude myself from the Settlement Class? To exclude yourself from the Settlement Class, you must send a letter that states you want to be excluded from Guarisma v. ADCAHB Medical Coverages, Inc., et al., Case No. 1:13-cv FAM (S.D. Fla.). You must include your full name, address, telephone number and identify the phone number(s) you maintain was called. You must also include a statement that you wish to be excluded from the settlement. You must mail your exclusion request postmarked no later than May 26, 2015 to: Guarisma v. BCBS Claims Administrator P.O. Box College Station, ST If you ask to be excluded, (1) you will not get any payment, (2) you cannot object to the settlement, (3) you will not be legally bound by anything that happens in this lawsuit, and (4) you may be able to sue (or continue to sue) Florida Blue in the future. 12. If I don t exclude myself, can I sue Florida Blue for the same thing later? No. Unless you exclude yourself, you give up any right to sue Florida Blue for the claims that this settlement resolves. If you have a pending lawsuit that may relate to the claims being released as part of this settlement, you should speak to your lawyer in that case immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion deadline is May 26, If I exclude myself, can I get money from this settlement? No. If you exclude yourself, you cannot receive money from this settlement. But, if you exclude yourself from this settlement you may sue, continue to sue, or be part of a different lawsuit against Florida Blue based on the legal issues in this case. 14. Do I have a lawyer in this case? The Lawyers Representing You The Court appointed the laws firms of Burke Law Offices, LLC in Chicago, Illinois, Scott D. Owens, P.A. in Hollywood, Florida, and Bret Lusskin, P.A. in Aventura, Florida, 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

7 15. How will the lawyers and Class Representative be paid? Class Counsel will ask the Court to approve payment of up to one-third of the Settlement Fund, or $1,500,000, to compensate them for expenses and for attorneys fees for investigating the facts, litigating the case, and negotiating the settlement, plus reimbursement of their actual expenses. Class Counsel will also request an award of $15,000 to Carlos Guarisma for his services as Class Representative. The Court may award less than these amounts. Florida Blue has agreed not to oppose these fees and expenses. These payments, along with the costs of administering the settlement, will be deducted from the settlement fund. Objecting to the Settlement You can tell the Court that you do not agree with the settlement or some part of it. 16. How do I tell the Court that I do not like the settlement? If you are a Settlement Class Member, you can object to the settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a written objection saying that you object to the proposed settlement in Guarisma v. Adcahb Medical Coverages, Inc., et al., Case No. 1:13-cv FAM (S.D. Fla.). You must include your full name, address, telephone number, the reasons you object to the settlement and whether you intend to appear at the Fairness Hearing on your own behalf or through counsel. You must also include any evidence or other materials you want the Court to consider with your objection. Your objection to the settlement must be postmarked no later than May 26, The objection must be sent to the Clerk of the Court at the following address, and copies must be sent to the lawyers at the following addresses: Clerk of the Court U.S. District Court for the Southern District of Florida 400 North Miami Avenue Miami, FL Scott D. Owens SCOTT D. OWENS, P.A S. Ocean Dr. Suite 235 Hollywood, Florida John Marino SMITH GAMBRELL & RUSSELL, LLP 50 North Laura Street Suite 2600 Jacksonville, FL What is the difference between objecting and excluding/opting-out? Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself or opting out is telling the Court that you do not 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

8 The Court s Fairness Hearing 18. When and where will the Court decide whether to approve the settlement? The Court will hold a hearing to decide whether to approve the settlement. This Fairness Hearing will be held at 2:00 p.m. on June 23, 2015 at the United States District Court for the Southern District of Florida, 400 North Miami Avenue, Miami, Florida, 33128, in Courtroom At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate, and will also consider Class Counsel s petition for fees and costs, and the proposed Class Representative award as described above. If there are objections, the Court will also consider them. After the hearing, the Court will decide whether to approve the settlement. We do not know how long it will take the Court to issue its decision. It is not necessary for you to appear at this hearing, but you may attend at your own expense. 19. May I speak at the hearing? You may ask the Court for permission to speak at the hearing. To do so, you must send a letter saying that you object to the proposed settlement and that you intend to appear (either on your own behalf or through counsel) at the hearing in Guarisma v. Adcahb Medical Coverages, Inc., et al., Case No. 1:13-cv FAM (S.D. Fla.). You must include your full name, address, telephone number, the reasons you object to the settlement and, if applicable, the full name, address and telephone number of your counsel. Your letter must be postmarked no later than May 26, You cannot speak at the hearing if you excluded yourself. 20. What happens if I do nothing at all? If You Do Nothing If you do nothing, and are Settlement Class Member, you will not receive a payment. To receive a payment, you must timely submit a valid claim form by mail or electronically at Unless you exclude yourself, you cannot start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Florida Blue about the legal issues in this case, ever again. 21. How do I get more information? Getting More Information This notice summarizes the proposed settlement. More details are in a Settlement Agreement and Release. You can get a copy of the Settlement Agreement and Release by writing to Guarisma v. BCBS Claims Administrator, P.O. Box 30189, College Station, ST , or by visiting You can call , toll-free; write to Guarisma v. BCBS Claims Administrator, P.O. Box 30189, College Station, ST ; 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 Settlement Class Member and whether you are eligible for a payment