Frequently Asked Questions

  1. Why is there a Notice?
  2. What is this litigation about?
  3. What is the Telephone Consumer Protection Act?
  4. Why is this a class action?
  5. Why is there a settlement?
  6. Who is included in the Settlement?
  7. What if I am not sure whether I am included in the Settlement?
  8. What does the Settlement provide?
  9. How do I file a Claim?
  10. When will I receive my payment?
  11. How do I get out of the Settlement?
  12. If I do not exclude myself, can I sue C.R. England for the same thing later?
  13. What am I giving up to stay in the Settlement Class?
  14. If I exclude myself, can I still get a payment?
  15. Do I have a lawyer in the case?
  16. How will the lawyers be paid?
  17. How do I tell the Court I do not like the Settlement?
  18. What is the difference between objecting and asking to be excluded?
  19. When and where will the Court decide whether to approve the Settlement?
  20. Do I have to attend the hearing?
  21. May I speak at the hearing?
  22. What happens if I do nothing at all?
  23. How do I get more information?
  1. Why is there a Notice?

    A court authorized this Notice because you have a right to know about a proposed Settlement of a class action

    lawsuit known as Virgne v. C.R. England, Inc., Case No. 1:2019-cv-2011 in the U.S. District Court for the Southern District of Indiana and about all of your options before the Court decides whether to give Final Approval to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.

    Judge Sarah Evans Barker of the United States District Court for the Southern District of Indiana is overseeing this case. The person who sued, Derrick Virgne is called the “Plaintiff.” C.R. England is called the “Defendant.”

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  2. What is this litigation about?

    The lawsuit alleges that C.R. England sent messages to Plaintiff’s wireless telephone number using an automatic telephone dialing system after he texted “stop” in violation of the TCPA and seeks actual and statutory damages under the TCPA on behalf of the named Plaintiff and a class of all similarly situated individuals in the United States.

    C.R. England denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.

    The Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted on this Settlement Website. The Settlement resolves the lawsuit. The Court has not decided who is right.

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  3. What is the Telephone Consumer Protection Act?

    The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts telephone solicitations and the use of automated telephone equipment.

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  4. Why is this a class action?

    In a class action, one person called the “Class Representative” (in this case, Plaintiff Derrick Virgne) sues on behalf of himself and other people with similar claims.

    All of the people who have claims similar to the Plaintiff’s claims are Settlement Class Members, except for those who exclude themselves from the Class.

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  5. Why is there a settlement?

    The Court has not found in favor of either Plaintiff or C.R. England. 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 Claimants will receive the benefits described in this Notice. C.R. England denies all legal claims in this case. Plaintiff and his lawyers think the proposed Settlement is best for everyone who is affected.

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  6. Who is included in the Settlement?

    The  Settlement  includes  all  persons  who  received  messages  on  their  cell  phone  from  C.R.  England.

    Specifically, the Settlement Class is defined as:

    (1) All persons within the United States (2) to whose cellular telephone number (3) C.R. England, Inc., sent a text message (4) using its vendor Twilio as part of its recruitment campaign, (5) after the cellular phone owner replied with the opt out phrase “stop,” “stopall,” “unsubscribe,” “cancel,” “end,” or “quit,” in any combination of uppercase and lowercase letters, (6) between January 1, 2019 and June 30, 2019.

    Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as “Settlement Class Members.”

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  7. What if I am not sure whether I am included in the Settlement?

    If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, visit the Settlement Website at www.TruckingTCPAsettlement.com or call the toll-free number, 1-866-771-1660. You also may send questions to the Settlement  Administrator at Trucking TCPA Settlement Administrator, P.O. Box 43501, Providence, RI 02940-3501.

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  8. What does the Settlement provide?

    To fully settle and release claims of the Settlement Class Members, C.R. England has agreed to fund a Settlement Fund of $315,000.00 to make payments to the Settlement Class Members and pay for Notice and Administrative costs of the Settlement, Attorneys’ Fees and Expenses incurred by counsel for the Settlement Class, and an Incentive Award for Plaintiff (the “Settlement Fund”).

    Each Settlement Class Member is entitled to an equal share of the Settlement Fund after deducting from the Fund the Notice and Administrative costs and any Attorneys’ Fees and Expenses and Incentive Award approved by the Court.

    Settlement Class Claimants who submit Approved Claims will be sent their Claim Settlement Payments to the address they submitted on their Claim Form within 30 days following the Effective Date.

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  9. How do I file a Claim?

    If you qualify for a payment, you must complete and submit a valid Claim Form at the Settlement Website, www.TruckingTCPAsettlement.com.  To be valid, a Claim Form must be completed fully and accurately, certified and submitted timely.

    You must submit a Claim Form through the Settlement Website by December 7, 2020.

    Please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.

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  10. When will I receive my payment?

    Payments to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see “The Final Approval Hearing” below). If there are appeals, resolving them can take time. Please be patient.

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  11. How do I get out of the Settlement?

    To exclude yourself from the Settlement, you must send a timely letter by mail to:

    Trucking TCPA Settlement Administrator

    P.O. Box 43501

    Providence, RI  02940-3501

    Your request to be excluded from the Settlement must state: (a) the Requester’s full name, address, the name of the Action and telephone number; (b) the telephone number at which the Requester allegedly received a text message that is the subject of this Settlement Agreement; (c) the Requester’s personal and original signature, or the original signature of a person previously authorized by law, such as a trustee, guardian, or person acting under a valid power of attorney, to act on behalf of the Requester; and (d) it must contain a statement that indicates a desire to be excluded from the Settlement Class in the Action, such as “I hereby request that I be excluded    from    the    proposed    Settlement    Class    in    Derrick    Virgne    v.    C.R.    England,    Inc., Case No. 1:19-CV-02011.” Class, mass and group Requests for Exclusion are prohibited.

    Your exclusion request must be postmarked no later than December 7, 2020. You cannot ask to be excluded on the phone, by email, or at the Settlement Website.

    You may opt out of the Settlement Class only for yourself.

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  12. If I do not exclude myself, can I sue C.R. England for the same thing later?

    No. Unless you exclude yourself, you give up the right to sue C.R. England for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.

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  13. What am I giving up to stay in the Settlement Class?

    Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against C.R. England about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you.

    The Settlement Agreement is available at www.TruckingTCPAsettlement.com. The Settlement Agreement provides more detail regarding the Releases and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firm representing the Settlement Class 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.

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  14. If I exclude myself, can I still get a payment?

    No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.

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  15. Do I have a lawyer in the case?

    The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.

    Stephen Taylor Sergei Lemberg LEMBERG LAW, L.L.C.

    43 Danbury Road, 3rd Floor Wilton, CT 06897

    Telephone: (203) 653-2250

    Facsimile:  (203) 653-3424

    You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

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  16. How will the lawyers be paid?

    Class Counsel intend to request attorneys’ fees of up to 33% of the Settlement Fund, in addition to reasonable and 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 will also request that an Incentive Award of $10,000.00 be paid from the Settlement Fund to the Class Representative for his service as representative on behalf of the whole Settlement Class.

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  17. How do I tell the Court I do not like the Settlement?

    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 timely submit a letter that includes the following:

    (i)      set forth the Settlement Class Member’s full name, address, and telephone number;

    (ii)     identify    the    case    name    and    caption,    Derrick    Virgne    v.    C.R.    England,    Inc., Case No. 1:19-CV-02011;

    (iii)    identify the phone number of the Settlement Class Member at which the Settlement Class

    Member claims to have received a text message subject to the Settlement;

    (iv)    contain the Settlement Class Member’s original signature or the signature of counsel for the

    Settlement Class Member;

    (v)     state that the Settlement Class Member objects to the Settlement, in whole or in part;

    (vi)    set forth the complete legal and factual bases for the objection, including citations to relevant authorities;

    (vii)   provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position; and

    (viii)  state whether the objecting Settlement Class Member intends on appearing at the Final Approval Hearing either pro se or through counsel, and whether the objecting Settlement Class Member plans on offering testimony at the Final Approval Hearing.

    Class, mass and group Objections are prohibited.  If you wish to object, you must submit your objection in writing and mailed or hand-delivered to the Clerk of the Court, Class Counsel and Defendant's Counsel and postmarked or delivered by no later than December 7, 2020.   Objections may be filed by counsel for a Settlement Class Member, retained at the Settlement Class Member’s expense, though any such counsel must file an appearance in the Action.

    An objector is not required to attend the Final Approval Hearing. However, any Settlement Class Member who objects may appear at the Final Approval Hearing, either in person or through an attorney hired at his or her own expense, to object to the fairness, reasonableness, or adequacy of the Agreement or the underlying settlement. Any Settlement Class Member who fails to timely submit a written objection with the Court shall not be permitted to object to the Settlement Agreement at the Final Approval Hearing, shall be foreclosed from seeking any review of the Agreement by appeal or other means, and shall be deemed to have waived his or her objections and be forever barred from making any such objections in the Action or any other related action or proceeding.

    Clerk of the Court:

    United States District Court for the Southern District of Indiana Birch Bayh Federal Building & U.S. Courthouse

    46 East Ohio Street

    Indianapolis, IN 46204

    Class Counsel:

    Stephen Taylor Sergei Lemberg LEMBERG LAW, L.L.C.

    43 Danbury Road, 3rd Floor

    Wilton, CT 06897

    Telephone: (203) 653-2250

    Facsimile:  (203) 653-3424

    Defendant's Counsel:

    David S. Almeida

    Mark S. Eisen BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP

    71 S. Wacker Drive, Ste. 1600

    Chicago, IL 60606

    Telephone: (312) 212-4949

    Facsimile:  (312) 767-9192

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  18. What is the difference between objecting and asking to be excluded?

    Objecting is 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.

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  19. When and where will the Court decide whether to approve the Settlement?

    The Court has scheduled a Final Approval Hearing on January 13, 2021 at 2:00 p.m. in Room 216, United States Courthouse, Indianapolis, Indiana 46204. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check www.TruckingTCPAsettlement.com 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 Representative. 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.

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  20. Do I have to attend the hearing?

    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 all the other requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.

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  21. May I speak at the hearing?

    You may ask the Court for permission to speak at the Final Approval Hearing. To do so, your timely filed objection must include a statement of whether you intend to appear at the Final Approval Hearing (see Question 17).

    You cannot speak at the hearing if you exclude yourself from the Settlement.

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  22. What happens if I do nothing at all?

    If you are a Settlement Class Member and do nothing, meaning you do not file a timely and approved claim, you will not get benefits from the Settlement. Further, unless you exclude yourself, you will be bound by the judgment entered by the Court.

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  23. How do I get more information?

    This Notice summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement at www.TruckingTCPAsettlement.com. You also may write with questions to the Settlement Administrator at Trucking TCPA Settlement Administrator, P.O. Box 43501, Providence, RI  02940-3501 or call the toll-free number, 1-866-771-1660.

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