To: All persons who received text messages on behalf of Pollo Operations from March 1, 2012 to March 15, 2017 to telephone numbers that had been reassigned to them after the original or prior owners of the telephone numbers consented to receive such text messages from Pollo Operations, who did not consent to receive such text messages, and who can be identified through the reverse telephone number look-up process utilized by the Settlement Administrator (the “Settlement Class”).
June 25, 2018 – Deadline to Mail Request for Exclusion
June 25, 2018 – Deadline to Mail Objection
July 16, 2018 – Deadline to File a Claim (Submit date if filed online, Mail Deadline if Mailed)
August 9, 2018 at 9:30 am - Final Settlement Approval Hearing
Pursuant to the Order of The United States District Court for The Middle District of Florida, Orlando Division, entered on May 9, 2018,
YOU ARE HEREBY NOTIFIED AS FOLLOWS:
A proposed Settlement (the “Settlement”) has been reached among the parties in this class action pending in the United States District Court for the Middle District of Florida, Orlando Division, brought on behalf of the Class, as defined above. The Court has preliminarily approved the Settlement and conditionally certified the Class for Settlement purposes only.
If you received a Notice in the mail, your telephone number is contained on a list of telephone numbers to which Pollo Tropical advertisements may have been sent by text message without your consent. You may have received such an advertisement because you inherited a telephone number for an individual or entity that had previously consented to receive such messages before the telephone number was re-assigned to you. These telephone numbers are commonly called recycled numbers.
The Notice is designed to inform you of how you can participate in the Settlement, object to the Settlement, or exclude yourself from the Settlement.
You have until June 25, 2018 to Exclude yourself or Object to the Settlement. You may file a claim up to and including July 16, 2018. Please see your options below.
|SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT|
To receive a share of the Settlement funds, you must complete, sign, and return a Claim Form on or before July 16, 2018. The Claim Form is attached to the Notice you received in the mail. You may also complete and submit your claim online by clicking here. If your Claim Form is timely and valid, you will be mailed a check for your share of the proceeds.
If you do nothing, you will remain in the Class. You will be bound by all orders and judgments entered against Defendant and you will release your claims against Defendant related to Defendant’s text messaging, but you will receive nothing.
You are not required to participate in the Settlement. You have the right to exclude yourself from the Class and the Settlement by sending a written request for exclusion. Your completed, signed statement advising of your election to opt out must be postmarked no later than June 25, 2018. If your request is not postmarked by that date, your right to opt out will be deemed waived and you will be bound by all orders and judgments entered in connection with the Settlement.
Additional detailed instructions for Opting Out of the Settlement are contained in the Notice and can also be found in [FAQ 7] on the FAQ section of this website.
If you object to the Settlement, and wish to file an objection rather than simply excluding yourself, you must file a written objection with the Clerk of the United States District Court for the Middle District of Florida, Orlando Division. Your objection must be postmarked by June 25, 2018.
Additional detailed instructions for objecting to the Settlement are contained in the Notice and can also be found in [FAQ 8] on the FAQ section of this website.
Preman v. Pollo Operations
1801 Market Street, Suite 660
Philadelphia, PA 19103