1. What is this lawsuit about? What are the numbers from which AmeriCredit may have dialed Class Members? 2

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1 Newman v. AmeriCredit Financial Services, Inc., 11cv3041-DMS-BLM (S.D. Cal.) United States District Court Southern District of California [ Frequently Asked Questions 1. What is this lawsuit about? 2 2. Why did I get a postcard? 2 3. What if I did not get a postcard with notice of the Settlement? 2 4. What are the numbers from which AmeriCredit may have dialed Class Members? 2 5. What are the terms of the Settlement? 3 6. What are the strengths and weaknesses of each side s case? 3 7. How can I make a claim for monetary payment? 4 8. What is the deadline to submit a claim? 5 9. When would I get my payment? In return for Settlement Benefits, what am I giving up? How do I get out of the Settlement? If I do not exclude myself, can I sue AmeriCredit for the same thing later? Do I have a lawyer in this case? How will the lawyers, class representative and administrator be paid? How do I tell the Court that I do not like the Settlement? What is the difference between objecting and excluding yourself? When and where is the fairness hearing? Do I have to come to the hearing? What if I do nothing at all? Are there more details about the Settlement? 7-1 of 8 - AMNNOT1

2 1. What is this lawsuit about? A Settlement has been reached in the case of Newman v. AmeriCredit Financial Services, Inc., 11cv3041-DMS- BLM (S.D. Cal.) (the Action ), a class action alleging that Defendant AmeriCredit Financial Services, Inc. ( AmeriCredit ) made calls to consumers cellular telephone numbers using an automatic telephone dialing system ( ATDS ) or prerecorded voice without prior express consent, in violation of the Telephone Consumer Protection Act ( TCPA ), 47 U.S.C AmeriCredit denies that it violated the TCPA. The persons in the Class (the Class Members ) are defined as: All persons who were called on a cellular telephone by Defendant, as defined in the Settlement Agreement, or a third party dialing company on behalf of Defendant, using an automatic telephone dialing system or by prerecorded voice message between December 30, 2007 and November 14, Why did I get a postcard? AmeriCredit s records indicate that it may have called you on a cell phone with an ATDS or by a prerecorded voice message between December 30, 2007 and November 14, 2014 ( Class Period ). AmeriCredit s records list the cell phone numbers that were sent to its dialer during the Class Period, but do not necessarily include the names of the persons associated with the cell phone numbers sent to the dialer. Therefore, the Postcard Notice has been sent to all persons associated with accounts with cell phone numbers that were sent to AmeriCredit s dialer during the Class Period. It was AmeriCredit s practice during the Class Period to call the telephone numbers sent to its dialer. If you believe you may have been called on your cell phone number by AmeriCredit without your consent using an ATDS or prerecorded voice message during the Class Period, you may contact the Settlement Administrator to confirm whether your cell phone number is on the Class Member List. If your cell phone number matches one of the cell phone numbers on the Class Member List, you may be entitled to receive a payment. If your cell number is not on the Class Member List, you are not eligible to receive a payment. The numbers from which AmeriCredit may have made calls by an ATDS or a prerecorded voice message during the Class Period are listed below. 3. What if I did not get a postcard with notice of the Settlement? If you did not receive a postcard regarding the class action Settlement in this case, it is likely your name may not have been associated with an AmeriCredit account, AmeriCredit does not have address information for you or the address information is incomplete or inaccurate. However, you are still eligible to submit a claim if AmeriCredit called your cell phone number by an ATDS or a prerecorded voice message during the Class Period without your consent. You may submit a claim for monetary payment, as described below. In addition, you may contact the Settlement Administrator for additional information or to confirm whether your cell phone number matches one of the cell phone numbers on the Class Member List. If your cell phone number is on the Class Member List, you may be entitled to receive a payment. If your cell number is not on the Class Member List, you are not eligible to receive a payment. 4. What are the numbers from which AmeriCredit may have dialed Class Members? AmeriCredit may have called Class Members from the following numbers by ATDS or prerecorded voice message during the Class Period: through through through through through through through through of 8 -

3 5. What are the terms of the Settlement? The Court did not decide in favor of either side. Instead, both sides have voluntarily agreed to a Settlement before any trial, which provides for a number of benefits: (1) AmeriCredit will establish a settlement fund of a minimum of $6,500,000 and a maximum of $8,500,000, with the amount dependent upon the number of Valid Claim Forms received. The Settlement Benefits shall pay for: (1) first, notice and Settlement Administration Costs, (2) second, attorneys fees and costs to Class Counsel, as approved by the Court, (3) third, an incentive award, if any, to the Representative Plaintiff, Ms. Newman, and (4) fourth, a Class recovery to Class Members who submit a Valid Claim Form; (2) No Proof Election: Each Class Member who submits a Valid Claim Form may elect to receive up to $30 per cell phone number dialed during the Class Period. To elect to receive this payment, the Class Member must (i) check a box electing to file a claim, and (ii) affirm that he or she was called on a cellular telephone by AmeriCredit through an ATDS or prerecorded voice without consent. The Class Member does not need to provide any documentation to make a No Proof Election. (3) Tiered Recovery: Alternatively, a Class Member can elect to receive a Tiered Recovery by providing call information in the form of a cell phone bill or bill history. To receive a Tiered Recovery, the Class Member must submit proof of how many calls he or she received from AmeriCredit on a cell phone by an ATDS or a prerecorded voice message within the Class Period. The Tiered Recovery amount will depend on the number of Valid Claim Forms received, but will be structured with estimated payment amounts, as follows: i. 2-5 calls: up to $60 ii calls: up to $90 iii calls: up to $120 iv. More than 15 calls: up to $150 If the Settlement Benefit is less than $30 per Class Member who submits a Valid Claim Form under (2), or less than the tiered amount provided for under (3), Defendant shall add up to an additional $2,000,000 to the $6,500,000, so as to make the per-class Member Settlement Benefit the amount specified, but in no event shall Defendant become obligated to pay more than a total of $8,500,000, inclusive of (1)-(3) above. If Defendant pays $8,500,000 but the per-class Member Settlement Benefit is less than the amount set forth in (2) and (3) above, the Settlement Benefit shall be whatever smaller pro rata (equal) sum as will deplete the $8,500,000 payment, with the reduction adjusted downward equally for each of (2) and (3). 6. What are the strengths and weaknesses of each side s case? In addition to the use of a prerecorded voice message, which may have occurred in certain instances, the calls at issue were placed using a dialer, which Plaintiff believes would satisfy the requirement that an ATDS or prerecorded voice is used under 227(b)(1)(A) of the TCPA. However, whether the equipment has the requisite capacity under the statute to be an ATDS is a question of fact that would involve expert testimony, posing a risk that the calls would not qualify as a violation, and potentially leaving only the prerecorded calls as a violation. If the case were to proceed to trial, it would also be very time consuming and costly to determine whether each individual Class Member provided prior express consent to receiving the call or not. Settlement avoids this risk. Additionally, Defendant asserts that it has a policy of obtaining prior express consent to place automated or prerecorded calls to cell phones, although the Class is composed of persons who were called on their cell phone/s without consent, whether they were customers of Defendant or not. Also, Defendant s system of records is not easily searchable for evidence of express consent. If the case proceeded to trial, it would be very time consuming and costly to determine which of the cell phone numbers may have been provided with express consent to be called. In addition, the issue of consent could also be found to require an individual inquiry, which would prevent class certification. In settlement, however, Class Members need only affirm lack of consent on a Claim Form to satisfy this requirement, rather than submit evidence at a hearing or trial if they had to bring their own TCPA case. - 3 of 8 -

4 A benefit of the Settlement is that Class Members are permitted to present evidence regarding the number of calls that they received and to obtain a tiered recovery. This could not be determined based on Defendant s business records for much of the Class because such records were purged in accordance with past policies of Defendant. The Settlement with a maximum of $8,500,000 and a minimum of $6,500,000 provides for significant monetary benefits to the Class, while avoiding the risk that Class Members could receive nothing at all if the case were to be lost at trial. Class Members are also able to receive a recovery without the burden, risk, and expense of hiring their own attorney and prosecuting their own action. In addition, the Settlement has already caused Defendant to change its business practices to the benefit of consumers. 7. How can I make a claim for monetary payment? You may not make a claim by telephone; however, you may call the Newman Settlement Administrator, at its toll-free number, , 24 hours a day to verify whether your telephone number is on the Class Member List. You will need to provide your cell phone number/s and/or claim number, which the Settlement Administrator will check against the list of Class Members and cell phone numbers on the Class Member List. If your number is on the Class Member List, you may file a claim for payment either online or by mail, as explained below. You may also request that the Settlement Administrator send you a Claim Form. You may make a claim in one of two ways: (1) Submitting a claim online at the Settlement Website: If your number is on the Class Member List, you may file a claim for payment under a No Proof Election without submitting evidence of the call, or for a Tiered Recovery by also submitting documentary proof online of how many calls you received in addition to the submission of the online claim; or (2) Although using the form is not required, you may download a claim form from the Settlement Administrator s website, Whether or not you use the form, you claim must include your: a. name; b. claim number, if you received a the postcard sent to you about the Settlement; c. cell phone number/s on which you may have been called; d. current address for receipt of the Settlement payment, if different from the Postcard Notice address, or if you did not receive a Postcard Notice; e. written acknowledgement that you received a call to your cell phone using an ATDS or prerecorded voice without your consent (whether consent had not been given to AmeriCredit or had been revoked); and, f. for a Tiered Recovery in lieu of a No Proof Election, documentary proof of how many calls you received. After your claim is submitted, if the Settlement Administrator determines that your cell phone number is on the Class Member List, your claim will be processed. If the Settlement Administrator determines that your cell phone number is not on the Class Member List, or if your claim is incomplete, you will receive a deficiency notice from the Settlement Administrator. For the Claim Form to be valid, it must be: (i) substantially filled out, with a response to the questions that need to be answered; (ii) executed by each living person who is a Class Member (or legal representative) with an affirmation that the Class Member received one or more calls from AmeriCredit during the Class Period using an ATDS or prerecorded voice without consent (in the event the signatory is a legal representative, sufficient documentary evidence of that must be provided upon request of the Settlement Administrator); (iii) timely; (iv) correct (meaning the statements contained thereon must not be false). In addition, the claim must not be successfully challenged by AmeriCredit within ten days of the deadline to submit a claim. Written requests or claims must be submitted to the following address: Newman Settlement Administrator P.O. Box College Station, TX of 8 -

5 8. What is the deadline to submit a claim? All claims submitted online must be made on or before March 26, If you submit your claim by mail, your claim must be postmarked on or before this date. 9. When would I get my payment? The Court will hold a Fairness Hearing on May 22, 2015, to decide whether to grant final approval of the Settlement. If the Court grants final approval, and there is no appeal of the approval ruling, the ruling will become final by law 30 days from the date of the ruling, or on the date of entry of the ruling if there is no person with standing to appeal. The Settlement Administrator will attempt to pay all claims within 60 days of the date the ruling becomes final. Also, there may be appeals. If so, the approval order does not take effect until those appeals are resolved. It is always uncertain whether and when appeals would be resolved, and payment under this Settlement cannot be made until the approval order is final. 10. In return for Settlement Benefits, what am I giving up? The full terms of the Release are contained in the Settlement Agreement available on the website, or at the public court records on file relating to this Action. In exchange for the Settlement Benefits, you will release (give up) the right to sue AmeriCredit and other related and affiliated parties (the Released Persons ) for any claims that arise out of or relate in any way to the facts alleged in the Action, including the allegation that AmeriCredit called your cellular telephone number with an ATDS or prerecorded voice message without your consent in violation of the Telephone Consumer Protection Act, 47 U.S.C. 227, and all statutory claims under similar statutes, during the Class Period. In other words, by staying in the Class (not opting out), you agree to release any claims (i.e., Released Claims ), known and unknown, arising from the facts alleged in the Action. It also means that all of the Court s orders will apply to you and legally bind you. The full text of the Release contemplated in the Settlement Agreement are set forth in the Appendix at the end of this Notice. Based on historical claims rates of similar settlements, Class Counsel anticipate a Class Member payout consistent with the recovery amounts set forth in paragraph 5 above. However, individual calls that violate the TCPA could be worth $500 for a negligent violation and up to $1,500 for willful or knowing violations. Thus, as a compromise, this Settlement provides Class Members with less than what they might otherwise recover if they took an individual case to judgment. Further, while the TCPA does not provide for the recovery of attorney s fees in individual lawsuits, if the case were fully litigated and won at trial as a class action, the Representative Plaintiff would likely be entitled to recover reasonable attorneys fees pursuant to federal law. 11. How do I get out of the Settlement? If you do not want to participate in this Settlement, or you want to keep the right to sue or continue to sue AmeriCredit on your own, then you must take certain steps, described below, to get out of the Settlement. This is called excluding yourself from or opting out of the Class. If you do not opt out of the Settlement, you will be bound by the Settlement and the Release set forth in the Appendix at the end of this Notice. There are two methods to exclude yourself from (or opt out of) the Settlement. You may opt out by downloading and printing an Opt-Out Form from the Settlement Website, completing and signing it, and submitting it online at The online submission must be made by April 6, You may also call the Settlement Administrator to request an Opt-Out Form. To opt out by mail, you must send a letter or Opt-Out Form by mail saying that you want to be excluded from the Settlement in Newman v. AmeriCredit Fin. Servs., Inc., 11cv3041-DMS-BLM (S.D. Cal.) Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request postmarked no later than April 6, 2015 to the Settlement Administrator at the following address: Newman Settlement Administrator P.O. Box College Station, TX You cannot exclude yourself on the phone or by . If you ask to be excluded, you will not get any Settlement payment, you cannot object to the Settlement, and you will also not be legally bound by anything that happens in this Action. - 5 of 8 -

6 12. If I do not exclude myself, can I sue AmeriCredit for the same thing later? No. 13. Do I have a lawyer in this case? The Court appointed the law firms of Kazerouni Law Group, APC and Burke Law Offices, LLC to represent you and other Class Members as Class Counsel. Their contact information is below. If you want your own lawyer, you may hire one at your own expense and enter an appearance through that attorney. 14. How will the lawyers, class representative and administrator be paid? By at least March 26, 2015, Class Counsel will seek attorneys fees that will not exceed 24% of the $8,500,000 maximum Settlement Benefit amount, and actual litigation costs not to exceed $25,000. In addition, Class Counsel will seek a service award not to exceed $1,500 for Plaintiff Nicole Newman (the Representative Plaintiff), and Settlement Administration Costs estimated at $1,500, How do I tell the Court that I do not like the Settlement? If you are a Class Member and you want to object to all or part of the Settlement, the deadline to object is April 24, To object, you must mail your written objection with the Court saying that you object to the Settlement in Newman v. AmeriCredit Fin. Servs., Inc., 11cv3041-DMS-BLM (S.D. Cal.). Be sure to include your name, address, telephone number, your signature, and the reason/s you object to the Settlement. You must mail your objection to the Court at the address below, and must also mail the objection to the additional addresses below, postmarked no later than April 24, U.S. District Court Southern District of California 333 West Broadway Ste San Diego, CA Class Counsel KAZEROUNI LAW GROUP, APC Abbas Kazerounian, Esq. 245 Fischer Ave., Ste. D1 Costa Mesa, CA BURKE LAW OFFICES, LLC Alexander H. Burke, Esq. 155 N. Michigan Ave., Ste Chicago, IL AmeriCredit s Counsel TROUTMAN SANDERS LLP Chad R. Fuller, Esq El Camino Real, Ste. 400 San Diego, CA You may also ask the Court for permission to speak at the fairness hearing. To do so, you must send a letter saying that it is your Notice of Intention to Appear in Newman v. AmeriCredit Fin. Servs., Inc., 11cv3041-DMS- BLM (S.D. Cal.). Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than April 24, 2015, and be sent to the Court, Class Counsel, and AmeriCredit s Counsel at the above addresses. You cannot object or speak at the hearing if you excluded yourself from the Class. 16. What is the difference between objecting and excluding yourself? Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. 17. When and where is the fairness hearing? The Court will hold a final fairness hearing at 1:30 p.m. on May 22, 2015, at the U.S. District Court, Southern District of California, 333 West Broadway, San Diego, CA 92101, Courtroom 13A, before the Honorable Dana M. Sabraw. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. If anyone has asked to speak at the hearing, Judge Sabraw will listen to them at that time. The Court will decide after the hearing whether to approve the Settlement as fair, reasonable, and adequate, to give final approval to the amount of attorneys fees and costs of notice and claims administration to be paid from the Settlement Benefits, and to the incentive payments from the Settlement Benefits to be provided to the Representative Plaintiff for bringing and litigating this Action. We do not know how long these decisions will take. - 6 of 8 -

7 18. Do I have to come the hearing? No. Class Counsel will answer questions the Court may have that are directed to the Class. You are welcome to come at your own expense, however. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. 19. What if I do nothing at all? If you do nothing, you will be part of the Class, but you will not receive the benefits detailed above, such as the monetary payment obtained by submitting a Valid Claim Form. You will also be precluded from being part of any other lawsuit against AmeriCredit or any other Released Person relating to the Released Claims in this Action. It also means that all of the Court s orders will apply to you and legally bind you. The complete language of the Release is set forth in the Appendix at the end of this Notice. 20. Are there more details about the Settlement? This Notice summarizes the proposed Settlement; more details are in the Settlement Agreement, which can be downloaded on the website, is part of the Court s file, a public record. Many of the court papers, including the Settlement Agreement, are also posted on the Settlement Website, On December 31, 2015 the website and phone line will be deactivated. After December 31, 2015, any inquiries should be mailed to: Newman Settlement Administrator PO Box 30181, College Station, TX You can get a copy of the Settlement Agreement or review any other part of the papers relating to the lawsuit by examining the records of this case, Newman v. AmeriCredit Fin. Servs., Inc., 11cv3041-DMS-BLM (S.D. Cal.), at the Clerk s office at the U.S. District Court, Southern District of California, 333 West Broadway, San Diego, CA The Clerk s office has the ability to make copies of any such public documents for you. Also, all filed documents in the case, including the Settlement documents, are available for viewing online for a fee through the Court s electronic PACER document review system. Important Dates Date: Deadline: Deadline to submit claim March 26, 2015 Deadline to opt out April 6, 2015 Deadline to object April 24, 2015 Deadline to file motion to intervene April 24, 2015 Final Fairness Hearing May 22, 2015 Your Options To participate in the Settlement, download a Claim Form from the website, To opt out of the Settlement, download an Exclusion Form from the website, of 8 -

8 APPENDIX Released Claims as defined in the Settlement Agreement: Released Claims Upon Final Approval, and in consideration of the promises and covenants set forth in this Agreement, the Representative Plaintiff and each Class Member who is not a Successful Opt Out, and to the extent these persons claim through the Representative Plaintiff and Class Members who do not Successfully Opt Out, each of its respective spouses, children, executors, representatives, guardians, wards, heirs, estates, bankruptcy estates, bankruptcy trustees, successors, predecessors, guardians, wards, joint tenants, tenants in common, tenants by the entirety, co-borrowers, co-obligors, co-debtors, agents and assigns, and all those who claim through them or who assert claims (or could assert claims) on their behalf (including bankruptcy trustees in the capacity as parens patriae or on behalf of creditors or estates of the Representative Plaintiff or Class Members) ( Releasing Parties ), will be deemed to have completely released and forever discharged (a) AmeriCredit Financial Services, Inc., (b) parents, subsidiaries, affiliates, employees, officers and directors of AmeriCredit Financial Services, Inc., and (c) third party dialer companies that dialed numbers on behalf of AmeriCredit Financial Services, Inc. (collectively, the Released Persons ), from any claim, right, demand, charge, complaint, action, cause of action, obligation, or liability of any and every kind from the beginning of the world until today under the Telephone Consumer Protection Act, 47 U.S.C. 227, all statutory claims under similar statutes, regulations, rules or procedures regulating the use of automated dialing equipment and artificial or prerecorded voice, or similar claims that were raised or could have been raised in the Actions. It is the Parties intention that all such claims are released, notwithstanding a contention that a claim accrues or arises after today but is otherwise based on or concerning acts or omissions encompassed by this Release. As part of the Final Approval Order, the Actions shall be dismissed with prejudice. The District Court shall enter a Judgment to that effect. As of the Final Approval Date, Class Counsel shall be deemed to have released and discharged Defendant and the Released Parties from all claims for fees, costs, or compensation for the Actions, other than those approved in connection with this Settlement. As of the Final Approval Date, Defendant and the Released Parties shall be deemed to have released the Representative Plaintiff, each Class Member who is not a Successful Opt Out, Class Counsel, and Plaintiff s Counsel from all claims arising out of maintenance of the Actions including, without limitation, all claims for attorneys fees and costs. - 8 of 8 -