Breda v. Cellco Partnership d/b/a Verizon Wireless

Settlement Information

1. What is the purpose of the notice?

   The purpose of the notice is to inform you that a proposed Settlement has been reached in the putative class action lawsuit entitled Breda v. Cellco Partnership d/b/a Verizon Wireless, filed in the United States District Court for the District of Massachusetts, Case No. 1:16-cv-11512-djc. Because your rights will be affected by this Settlement, it is extremely important that you read the notice carefully. The notice summarizes the Settlement and your rights under it.

   A copy of the notice can be found here.

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2. What does it mean if I received an email or postcard about this Settlement?

   If you received an email or postcard describing this Settlement, it is because Verizon’s records indicate that you may be a member of the Settlement Class. The members of the Settlement include:

   The (1) 61,485 persons in the United States (2) whose cellular telephone number (3) was listed as a “can be reached” number on a Verizon account and (4) received a prerecorded collection call from Defendant (5) during which the person answering the call pressed a key or keys indicating that Defendant was calling the wrong number, and which (6) thereafter received at least one additional prerecorded collection call from Defendant on the same telephone number and concerning the same Defendant account (7) within four years of the filing of the complaint in this action.

   Excluded from the Settlement Class are any judges to whom the Action was assigned and any member of the Court’s staff and immediate family (to the extent they received a listed call) and all persons who opt-out of or are otherwise excluded from the Settlement Class.

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3. What is this class action lawsuit about?

   In a class action, one or more people called Class Representatives (here, Plaintiff, Robin Breda) sue on behalf of people who allegedly have similar claims. This group is called a class and the persons included are called class members. One court resolves the issues for all of the class members, except for those who exclude themselves from the class.

   Here, Plaintiff claims Verizon violated the Telephone Consumer Protection Act (“TCPA”) by placing prerecorded calls to cellular telephones without prior express consent. Verizon denies these allegations and any wrongdoing. The Court has conditionally certified a class action for Settlement purposes only. The Honorable Denise J. Casper is in charge of this action.

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4. Why is there a Settlement?

   The Court did not decide in favor of Plaintiff or Verizon. Instead, the parties agreed to this Settlement. This way, the parties avoid the risk and cost of a trial, and the Settlement Class members will receive compensation. Plaintiff and Class Counsel think the Settlement is best for all persons in the Settlement Class.

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5. How do I know if I am a part of the Settlement Class?

   The Court has certified a class action for Settlement purposes only. The Settlement Class is defined as:

   The (1) 61,485 persons in the United States (2) whose cellular telephone number (3) was listed as a “can be reached” number on a Verizon account and (4) received a prerecorded collection call from Defendant (5) during which the person answering the call pressed a key or keys indicating that Defendant was calling the wrong number, and which (6) thereafter received at least one additional prerecorded collection call from Defendant on the same telephone number and concerning the same Defendant account (7) within four years of the filing of the complaint in this action.

   If you are still not sure whether you are included you may write to the Settlement Administrator at Breda TCPA Settlement, c/o Epiq, P.O. Box 3685, Portland, OR 97208-3685, or you may call the Toll-Free Settlement Hotline, 1-855-675-3077, for more information.

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6. Do I have a lawyer in this class?

   The Court has appointed the law firms of Keogh Law, Ltd. and Lemberg Law LLC, as Class Counsel to represent you and the other persons in the Settlement Class. You will not be personally charged by these lawyers.

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7. How will class counsel be paid?

   Class Counsel will ask the Court to approve payment of up to 33% of the Settlement Fund, which is $1,316,666.66 for attorneys’ fees, plus reasonable expenses. Class Counsel also will ask the Court to approve payment of $15,000.00 to Plaintiff for her services as Class Representative if permitted by law. The Court may award less than these amounts.

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8. What does the Settlement provide?

   Settlement Fund: Verizon will make a one-time, all-inclusive payment of $3,950,000 into a fund (the “Settlement Fund”), which will cover: (1) cash payments to Settlement Class Members who submit timely and valid Claim Forms; (2) an award of attorneys’ fees and expenses to Class Counsel, plus expenses, as approved by the Court; (3) service award to the Plaintiff, Robin Breda, in an amount approved by the Court; and (4) the costs of notice and administration of the Settlement.

   Cash Payments: All members of the Settlement Class are eligible to submit a Claim Form and receive a cash payment. To submit a Claim Form, follow the procedures described under FAQ 11. Settlement Class Members will have the option to select receipt of their Settlement Awards by either check or secure electronic payment. If no option is selected or the secure electronic payment cannot be completed, the Settlement Award shall be paid by check. The Settlement Administrator shall send each Settlement Class Member their Settlement Award within 45 calendar days after the Effective Date (“First Distribution”). Any monies remaining in the Settlement Fund after the First Distribution checks are distributed and the expiration date for negotiating those checks has passed will be distributed on a pro rata basis to those Settlement Class Members who cashed their First Distribution checks (the “Second Distribution”), unless the administrative costs to make this second distribution outweigh the distribution or, after administrative costs, the amount of the Second Distribution would be nominal and, provided, however, that no Settlement Class Member will receive more than $500 per call.

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9. How much will my payment be?

   Your share of the Settlement Fund will depend on the number of valid Claim Forms that Settlement Class Members submit and the number of calls you received. Class Counsel estimate that Settlement Class Members who timely submit a valid Claim Form will receive between $390 and $785 depending on the number of valid claims received and the number of calls you received (average calculation is $71 to $143 per call) ("First Distribution Checks"). This is an estimate only. The final cash payment amount will depend on the total number of valid and timely claims submitted by Settlement Class Members and the number of calls you received. No Settlement Class member will receive more than $500 per call.

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

    Unless you exclude yourself from the Settlement, you will be a Settlement Class Member and will be bound by the release of claims in the Settlement. This means that if the Settlement is approved, you cannot rely on any Released Claim to sue, or continue to sue, Verizon or other Released Parties, on your own or as part of any other lawsuit, as explained in the Settlement Agreement. It also means that all of the Court’s orders will apply to you and legally bind you. Unless you exclude yourself from the Settlement, you will agree to release Verizon and all other Released Parties from any and all of the Released Claims, as defined in the Settlement Agreement.

    In summary, the Release includes all claims of any kind, whether known or unknown, that were asserted in the Action, or that could have been asserted in the Action based on the facts alleged in Plaintiff’s Class Action Complaint, including, but not limited to, claims arising under the TCPA or similar statute or law, whether, federal, state, or local, or which concern the use of any automatic telephone dialing system, pre-recorded voice, or similar device.

    If you have any questions about the Release or what it means, you can speak to Class Counsel, listed under FAQ 6, for free; or, at your own expense, you may talk to your own lawyer. The Release does not apply to persons in the Settlement Class who timely exclude themselves.

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11. How can I get a payment?

    To receive a payment, you must timely submit a properly completed Claim Form. You may submit a Claim Form by calling the Toll-Free Settlement Hotline, 1-855-675-3077. Read the instructions carefully, fill out the form completely and accurately, sign it and submit by the deadline. A Claim Form may be submitted by mail to the Settlement Administrator at: Breda TCPA Settlement, c/o Epiq, P.O. Box 3685, Portland, OR 97208-3685, or via this Settlement Website here. To be deemed timely, Claim Forms must be submitted via the Settlement Website, 800- number, or postmarked prior to or on the last day of the Claim Filing Deadline, which is March 7, 2022.

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12. When would I receive a Settlement Payment?

    The Court will hold a hearing on May 2, 2022, to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Everyone who sends in a Claim Form will be informed of the progress of the Settlement through information posted on this Settlement Website. Please be patient.

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13. How do I get out of the Settlement?

    If you want to keep the right to sue, or continue to sue Verizon or a Released Party, as defined in the Settlement Agreement, then you must take steps to exclude yourself from or “opt out” of the Settlement.

    Persons in the Settlement Class may request exclusion from the Settlement by sending a written request to the Settlement Administrator at the address designated in the Class Notice no later than the Opt-Out and Objection Deadline. Exclusion requests must: (i) include the case name and civil action number of the Action; (ii) be signed by the person in the Settlement Class who is requesting exclusion; (iii) include the full name and address of the person in the Settlement Class requesting exclusion and the subject telephone number that Defendant called which caused the person to be included in the Settlement Class; and (iv) include the following statement: “I request to be excluded from the Settlement in the Breda TCPA action.”

    No request for exclusion will be valid unless all of the information described above is included. No person in the Settlement Class, or any person acting on behalf of or in concert or participation with that person in the Settlement Class, may exclude any other person in the Settlement Class from the Settlement Class.

    To be valid, you must mail your exclusion request postmarked no later than March 7, 2022, to the Settlement Administrator at Breda TCPA Settlement, c/o Epiq, P.O. Box 3685, Portland, OR, 97208-3685.

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14. If I do not exclude myself, can I sue Verizon for the same thing later?

    No. If you do not exclude yourself, you give up any right to sue (or continue to sue) Verizon or any Released Parties for the claims that this Settlement resolves.

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15. If I exclude myself, can I get a benefit from this Settlement?

    No. If you exclude yourself, you will not be able to submit a Claim Form for a Settlement payment and you cannot object to the Settlement.

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16. How do I tell the court that I do not think the Settlement is fair?

    If you are in the Settlement Class, you can object to the Settlement or any part of the Settlement that you think the Court should reject, and the Court will consider your views. To object, you must: (i) attach documents establishing, or provide information sufficient to allow the Parties to confirm, that the objector is a member of the Settlement Class, including providing the Claim ID, full name, address, the telephone number Defendant called which caused the person to be in the Settlement Class, and whether he or she intends to appear at the Final Approval Hearing on his or her own behalf or through counsel; (ii) include a statement of such person’s specific objections; and (iii) state the grounds for the objection and attach any documents supporting the objection.

    To be considered, you must file your objections with the Court and mail your objections to the addresses below no later than March 7, 2022.

    Plaintiff's Counsel	Defendant's Counsel
    Keith J. Keogh, Esq. Keogh Law, Ltd. 55 W. Monroe St., # 3390 Chicago, IL 60603	David G. Thomas, Esq. Greenberg Traurig, LLP One International Place, Suite 2000 Boston, MA 02110

    Any such person who does not provide a written objection in the manner described above shall be deemed to have waived any objection and shall forever be foreclosed from making any objection to the fairness, reasonableness, or adequacy of the Settlement or the award of any attorneys’ fees, expenses, and costs and/or service payment.

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17. What is the difference between objecting and excluding yourself?

    Objecting is telling the Court that you do not like something about the Settlement. You can object only if you do not exclude yourself from the Settlement. Excluding yourself means that you do not want to be a Settlement Class Member and participate in the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.

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18. What happens if I do nothing at all?

    If you do nothing, you will not receive any monetary award and you will give up your rights to sue Verizon or any other Released Parties related to any Released Claims. For information relating to what rights you are giving up, see FAQ 10.

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

    The Court will hold a Final Approval Hearing on May 2, 2022, in Courtroom 11, 5th Floor, at the John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Suite 2300, Boston, Massachusetts 02210, which may be conducted by remote means. At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. If there are valid objections that comply with the requirements in FAQ 16, the Court also will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel and Plaintiff.

    The Final Approval Hearing may be moved to a different date or time without additional notice, so it is a good idea to check the Settlement Website for updates.

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20. Do I have to come to the hearing?

    No. Class Counsel will appear on behalf of the Settlement Class Members. But, you are welcome to come, or have your own lawyer appear, at your own expense.

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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, but only in connection with an objection that you have timely submitted to the Court according to the procedure set forth in FAQ 16. To speak at the Final Approval Hearing, you must also file a document with the Court stating your intention to appear. For this document to be considered, it must include your name, address, telephone number and your signature. The document must be filed with the Court no later than April 12, 2022. You cannot speak at the hearing if you exclude yourself from the Settlement.

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22. How do I get more information?

    The notice is only a summary of the proposed Settlement. You can get a copy of the Settlement Agreement here, or you can write to the Settlement Administrator or call the Toll-Free Settlement Hotline, 1-855-675-3077. You can also call Class Counsel with any questions at 1-866-726-1092.

    DO NOT CALL OR WRITE TO THE COURT, THE CLERK OF THE COURT, CELLCO PARTNERSHIP, D/B/A VERIZON WIRELESS OR VERIZON WIRELESS’ COUNSEL ABOUT THE SETTLEMENT.

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EpiqPay Information

23. I received an email from EpiqPay. What is the email about and is the email legitimate?

    If you received an email from noreply@Epiqpay.com, it is because you were determined to be eligible for a payment in the Breda TCPA Settlement. By default, individuals eligible for payments will receive a prepayment notification email a few days before they receive an email containing a link to claim their payment. This is normal. If you claim a payment, you will also receive one or more follow up emails from our payment partner, Tremendous, confirming where in the process your payment is. If you do not immediately claim your payment, you may also receive one or more reminder emails.

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24. What is EpiqPay?

    EpiqPay is the official digital payment platform for Epiq Class Action and Claims Solutions. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay.

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25. Why did I receive a digital payment in Breda v Cellco Partnership dba Verizon Wireless?

    Pursuant to the terms of the Breda TCPA Settlement, Epiq is required to distribute payments digitally to eligible class members. Your payment was required to be sent to you automatically and did not require any action on your part. The emails you may have received from noreply@Epiqpay.com provide you the opportunity to claim your Settlement Award quickly and securely.

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26. How did you get my information?

    Pursuant to the terms of the Breda TCPA Settlement, Epiq is required to distribute payments digitally to eligible class members. The email address used to notify you of your payment, as well as the name listed in your emails, was either provided by you when you filed your claim or was provided to Epiq by one or more of the Parties in the Settlement pursuant to a Court Order.

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27. How do I claim my EpiqPay payment?

    Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a “Claim Payment” link. As long as you click the “Claim Payment” link before the payment expiration date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner rewards@tremendous.com letting you know your payment is “in process,” and eventually you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partner is available on these notifications in case you experience any issues using you card.

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28. When will I receive my digital payment? / Why have I not received my digital payment?

    Emails regarding digital payments for this matter commenced on July 20, 2022, and digital payments will be available to claim through September 20, 2022. During that window, Epiq digital payment emails were or will be sent from noreply@Epiqpay.com, so please review your inbox for messages from that email address. Due to variability in individual recipient email account SPAM and junk security settings, users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations.

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29. After choosing my preferred payment options, will I receive my payment immediately?

    No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2—5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.

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30. Am I receiving my payment digitally?

    If you received an email from noreply@Epiqpay.com, then you should expect to receive your digital payment between July 22, 2022, and September 20, 2022. Claiming your payment is simple and easy. All EpiqPay payment and reminder emails contain a “Claim Payment” link. If you click the “Claim Payment” link before the payment expiration date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be facilitated.

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31. I do not like the payment options available to me through EpiqPay, can I select something else?

    The digital payment options presented to you when you click “Claim Payment” in your EpiqPay email are the only options available to you under this Settlement. If none of the options presented to you on the selection screen are of interest to you, a paper check can be mailed to you. Please note that the paper check reissue process can take 4—6 weeks to complete.

    Please submit your request to the Settlement Administrator at:

    Breda TCPA Settlement
    c/o Epiq
    P.O. Box 3685
    Portland, OR 97208-3685

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32. I made my preferred payment option selection, but haven’t heard anything, what should I do?

    After you make your payment selection from the EpiqPay payment dashboard, within a day or two you will receive a small number of interim notifications from our payment partner rewards@tremendous.com letting you know your payment is “in process,” and eventually you will receive a link to your payment card, if you chose that as your option. Due to variability in individual user email account security settings, Tremendous emails can sometimes go to junk or SPAM folders. Please search your inbox for emails from rewards@tremendous.com. If you find any follow up emails there, move them to your inbox and/or mark the email as from a “trusted sender” so that future Tremendous emails regarding this settlement do not end up in those folders.

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33. What if I experience an issue using my payment card?

    Contact information for our payment partner, Tremendous, is available at the bottom of the emails you receive once your payment has been processed. Their email address is help@tremendous.com. Please contact them directly if you experience any issues regarding using your payment card. Reference your “Reward ID,” listed above the EpiqPay logo on your post-selection notification emails, when you contact them.

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34. What happens if I unsubscribe from EpiqPay emails?

    If you unsubscribe from any of the payment emails you receive on this matter, you will no longer be able to claim your payment digitally. If you unsubscribed from receiving digital payment notifications from EpiqPay, but would like to explore a paper check reissue, please let us know by mailing a check reissue request to the Settlement Administrator at:

    Breda TCPA Settlement
    c/o Epiq
    P.O. Box 3685
    Portland, OR 97208-3685

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35. What happens if I do not claim my payment by the payment expiration date listed in my EpiqPay emails?

    If you did not claim your payment by the expiration date listed in your EpiqPay emails, the link will expire, and you will no longer be able to claim your payment digitally.

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36. I did not receive an email from EpiqPay; what should I do?

    Due to variability in individual user email account security settings, EpiqPay emails can sometimes go to junk or SPAM folders. Please search your inbox for emails from noreply@Epiqpay.com. If you find the email there, move it to your inbox and/or mark the email as from a “trusted sender” so that future EpiqPay emails regarding this settlement do not end up in those folders.

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37. Can you mail my payment to me?

    To request a paper check instead of an EpiqPay email, please submit a reissue request to:

    Breda TCPA Settlement
    c/o Epiq
    P.O. Box 3685
    Portland, OR 97208-3685

    Include your name, old and new email addresses, and your current mailing address information. Reissues can take up to six weeks to process after receiving your written request, so please be patient while we complete the reissue process. Please note that it is possible you may receive an EpiqPay reminder email to claim your payment even after submitting your reissue request. You are free to disregard this email. You are of course welcome to contact us any time to confirm the status of your reissue request.

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38. I do not have internet access or the email account the EpiqPay payment was sent to is inactive or no longer in use, so what can I do?

    EpiqPay requires that Epiq as administrator has a valid and current email address on file to complete your payment. Given the circumstances with your current email, we can offer to reissue your payment via physical check and mail your check to the address on file. You can mail your reissue request to:

    Breda TCPA Settlement
    c/o Epiq
    P.O. Box 3685
    Portland, OR 97208-3685

    Payment conversion reissue requests take up to six weeks to process, so please be patient while we process your request.

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39. Can I change my election?

    EpiqPay payment options, such as PayPal, ACH, or Digital Mastercard, require that you provide one or two pieces of information and submit that information to claim your payment. Once you have “clicked” the “Redeem” button submitting the requested information, you cannot change your election, and any further communications about the selected option will be sent to the same email address to which the EpiqPay payment notifications were sent.

    If you have not “Redeemed” your payment or already submitted any additional requested information, you can go back to the payment option tile page and make a different selection.

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40. I was notified via an email from Tremendous that my ACH payment was processed, but it has not yet been credited to my bank account.

    Once you receive an ACH payment confirmation email from Tremendous, it may be 24—72 hours after the ACH is initiated before funds are available in your selected bank account. If you have not received the funds within 72 after receiving the payment confirmation email from Tremendous, or you have any further concerns on your ACH, you may contact our payment partner, Tremendous, at help@tremendous.com.

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