Frequently Asked Questions

  1. Why is there a notice?
  2. What is this class action lawsuit about?
  3. Why is there a Settlement?
  4. How do I know if I am part of the Settlement?
  5. Why Did I Receive Mail Notice or Email Notice?
  6. What does the Settlement provide?
  7. Why Does Plaintiff’s Counsel Estimate Payment in the Range of $34.00 for Each Class Member?
  8. If I am a Class Member of Group 1, how and when can I get a payment or make a donation?
  9. If I am a Class Member of Group 2, how and when can I get a payment or make a donation?
  10. What if I am a Class Member and did not receive a notice via U.S. mail or email?
  11. What am I giving up to stay in the Class?
  12. How do I exclude myself from the Settlement?
  13. Do I have a lawyer in this case?
  14. How will the lawyers and class representative be paid?
  15. How do I tell the Court if I do not think the Settlement is fair?
  16. When and where will the Court decide whether to approve the Settlement?
  17. May I speak at the hearing?
  18. What happens if I do nothing at all?
  19. How do I get more information?
  1. Why is there a notice?

    A Notice has been made available because you have a right to know about a proposed Settlement of this class action lawsuit, and about your options, before the Court decides whether to approve the Settlement. If the Court approves the Settlement, an administrator appointed by the Court will make the payments that the Settlement allows. Because your rights will be affected by this Settlement, it is extremely important that you read the full Long Form Notice carefully. 

    If you received a shorter version of the Notice via U.S. Mail or email, it is because, according to APFM’s records, you might have received a non-emergency call from APFM to a cellular telephone between August 7, 2013 and August 15, 2019. The Court in charge of the case is the United District Court for the Western District of Washington, and the case is known as Pine v. A Place for Mom, Inc., United States District Court, Western District of Washington, Case No. 2:17-cv-01826-TSZ, before Judge Thomas S. Zilly. The person who sued on behalf of the class is called the Plaintiff, and the company he sued, A Place for Mom, Inc. (“APFM”), is called the Defendant. 

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  2. What is this class action lawsuit about?

    A class action is a lawsuit in which the claims and rights of many people are decided in a single court proceeding. One or more representative plaintiffs, also known as “class representatives,” assert claims on behalf of the entire class. The Representative Plaintiff filed this case against Defendant alleging that APFM violated the Telephone Consumer Protection Act (“TCPA”) by calling cell phones without the prior express written consent of the recipients. APFM denies that it did anything wrong, or that this case is appropriate for treatment as a class action. 

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  3. Why is there a Settlement?

    The Court did not decide in favor of the Plaintiff or Defendant. Both sides agreed to a settlement instead of going to trial. That way, they avoid the cost and uncertainty of a trial, and the people alleged to be affected will get compensation. The Representative Plaintiff and his attorneys think the Settlement is best for all Class Members. 

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  4. How do I know if I am part of the Settlement?

    The Settlement applies to Class Members, who are described as all persons within the United States who, between August 7, 2013, and August 15, 2019, received, without their consent, a non-emergency call from defendant A Place for Mom, Inc., or any party acting on defendant’s behalf, to a cellular telephone. There are two groups of Class Members: (i) Class Members who the parties agree could be identified from APFM’s records (“Group 1”); and (ii) Potential Class Members who could not be identified from APFM’s records (“Group 2”). If you have questions about whether you are a Class Member, or are still not sure whether you are included, you can call 866-757-7934, email info@apfmtcpasettlement.com, or visit this website for more information.  

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  5. Why Did I Receive Mail Notice or Email Notice?

    APFM obtained approximately 56,000 Class Members’ contact information through the website “locate.aplaceformom.com” and variations of that website. The Parties agree that such persons are Class Members of Group 1. Class Members of Group 1 will receive Mail Notice if a postal address is available or email notice if a postal address is unavailable. APFM also obtained approximately 3 million people’s contact information from other sources, including through incoming telephone calls and other websites. The Parties agree that such persons are Potential Class Members of Group 2. Because APFM’s records do not establish whether such persons are Class Members, they received Email Notice and must submit a valid and timely Claim Form to receive a Settlement Award. 

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  6. What does the Settlement provide?

    APFM has agreed to pay a total settlement amount of $6,000,000 which will be used to create a Settlement Fund to pay cash Settlement Awards to Class Members or allow Class Members to make a donation if they elect to do so, Plaintiff’s attorney fees and costs, any service award to the Representative Plaintiff, and expenses of settlement administration. Plaintiff’s Counsel estimate that the Settlement Award to each Class Member who submits a valid and timely Claim Form will be in the range of $34.00. If any money remains in the Settlement Fund after making the payments, the balance will be awarded to the Electronic Frontier Foundation in the form of a cy pres distribution. The Electronic Frontier Foundation is a non-profit organization whose mission, in part, is to protect consumers from invasions of privacy resulting from the use of technology, including cellular telephones. Plaintiff, Defendant, and their attorneys do not have any relationship to the Electronic Frontier Foundation.  

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  7. Why Does Plaintiff’s Counsel Estimate Payment in the Range of $34.00 for Each Class Member?

    The amount of the final cash payment will depend on the total number of Group 1 Class Members who can be located and total number of Group 2 Potential Class Members who submit valid and timely claims. Approximately 56,000 Class Members who received Mailed Notice will receive payment automatically. The minimum payment for all Class Members if every person who received Email Notice submits a valid and timely Claim Form is estimated to be $1.29. The maximum payment if no one in Group 2 submits a valid and timely Claim Form is estimated to be $71.47. Plaintiff’s counsel estimate that approximately 2% (or 60,000) persons who received Email Notice will submit timely and valid Claim Forms establishing they are Class Members. In that event, all Class Members will receive payment in the range of $34.00. 

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  8. If I am a Class Member of Group 1, how and when can I get a payment or make a donation?

    If you received a notice by U.S. Mail and your notice indicates you are a member of Group 1, you do not need to take any action to receive a Settlement Award and be bound by the terms of the Settlement.

    If you received a notice by email and your notice indicates you are a member of Group 1, in order to receive a Settlement Award you need to provide an updated mailing address by September 15, 2020, using the Claim ID and PIN from your Notice. If you do not provide an updated mailing address to receive payment, you will still be bound by the terms of the settlement.

    In either case, if you prefer payment via electronic payment or would like to donate your Settlement Award to Fisher Center for Alzheimer’s Research Foundation charity, you must submit a Payment Selection Form and a valid email address online by September 15, 2020, using the Claim ID and PIN from your Notice.

    A Settlement Award is a cash payment that will be issued by check or electronic payment. Plaintiff’s Counsel estimate that the Settlement Award to each Class Member will be in the range of $34.00. The final cash payment amount will depend on the total number of Group 1 Class Members who can be located and total number of Group 2 Potential Class Members who submit valid and timely claims.

    Payment Selection Forms must be submitted by no later than September 15, 2020 electronically, using the Claim ID and PIN from your Notice. The Court will hold a hearing on October 1, 2020 to decide whether to approve the Settlement. Please be patient.

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  9. If I am a Class Member of Group 2, how and when can I get a payment or make a donation?

    If you received this a notice via email and your notice indicates you are a member of Group 2, you must submit a valid and timely Claim Form by September 15, 2020, using the Claim ID and PIN from your Notice to receive a Settlement Award. If you prefer payment via electronic payment or would like to donate your Settlement Award to Fisher Center for Alzheimer’s Research Foundation charity, you must also submit a Payment Selection Form and a valid email address online by September 15, 2020, using the Claim ID and PIN from your Notice. If you do nothing in response, you will be bound by the terms of the Settlement if it is approved by the Court, and you will not receive any monetary benefit from the Settlement.

    A Settlement Award is a cash payment that will be issued by check or electronic payment. Plaintiff’s Counsel estimate that the Settlement Award to each Class Member will be in the range of $34.00. The final cash payment amount will depend on the total number of Group 1 Class Members who can be located and total number of Group 2 Potential Class Members who submit valid and timely claims.

    Claim Forms and Payment Selection Forms must be submitted by no later than September 15, 2020 electronically, using the Claim ID and PIN from your Notice. The Court will hold a hearing on October 1, 2020 to decide whether to approve the Settlement. Please be patient. 

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  10. What if I am a Class Member and did not receive a notice via U.S. mail or email?

    If you did not receive a notice via U.S. Mail or email and you believe you are a Class Member, you must submit a valid and timely Claim Form by September 15, 2020 to receive a Settlement Award. If you prefer payment via electronic payment or would like to donate your Settlement Award to Fisher Center for Alzheimer’s Research Foundation charity, you must also submit a Payment Selection Form and a valid email address online by September 15, 2020. If you do nothing, you will be bound by the terms of the Settlement if it is approved by the Court, and you will not receive any monetary benefit from the Settlement. 

    Claim Forms and Payment Selection Forms must be submitted by no later than September 15, 2020 electronically. The Court will hold a hearing on October 1, 2020 to decide whether to approve the Settlement. Please be patient. 

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

    If you are a Class Member, unless you exclude yourself, that means that you will release claims against A Place for Mom and can't sue, continue to sue, or be part of any other lawsuit against A Place for Mom for such released claims and all of the decisions and judgments by the Court will bind you.

    For non-emergency telemarketing calls made to a cellular phone number using an automatic telephone dialing system, without the prior express written consent of the called party, the TCPA provides for damages of $500 per call, or $1,500 for willful violations. However, APFM has denied that it made any illegal calls to anyone because it calls people who provide their telephone number in connection with a request for information about senior living, and in any future lawsuit A Place for Mom will have a full range of potential defenses, including that it had the required consent to make calls and that such calls were not telemarketing calls and were not made using an automatic telephone dialing system, among other things. In addition, please note that the TCPA does not provide for attorneys’ fees to prevailing individual plaintiffs.

    If you file a Claim Form for benefits or do nothing at all, you will release A Place for Mom from liability. 

    Remaining in the Class means that You, meaning you and your respective assigns, heirs, executors, administrators, successors and agents, hereby release, resolve, relinquish and discharge each and all of the Released Parties from each of the Released Claims (as defined below). You further agree that You will not institute any action or cause of action (in law, in equity, or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which You may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency, or with any administrative or advisory body, arising from the Released Claims. 

    “Released Claims” means any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, including those that (1) arise out of any alleged violation of the TCPA by the Released Parties including in contacting or attempting to contact Settlement Class Members via non-emergency Calls to cellular telephones, to the fullest extent those terms are used, defined or interpreted by the TCPA and relevant regulatory or administrative promulgations and case law, or (2) arise from the administration of this Settlement, including all claims arising from or related to any alleged data breaches, failures to comply with state and federal privacy laws, failures to confirm the proper identity of class members and any other

    alleged violations of state and federal laws that govern the collection and storage of consumer financial information and the electronic distribution of funds. In other words, Released Claims include TCPA claims and any claims that arise out the calls that Plaintiff alleges violated the TCPA. This includes, for example any alleged violations of state telemarketing laws.

    “Released Parties” means Defendant and its past, present, and future directors, officers, managers, employees, contractors, shareholders, parent companies, general partners, limited partners, principals, subsidiaries, insurers, reinsurers, shareholders, attorneys, advisors, representatives, predecessors, successors, divisions, joint ventures, assigns, or related entities, and each of their respective executors, successors, assigns and legal representatives; TELUS International (U.S.) Corporation; TPUSA-FHCS, Inc. fka Aegis USA, Inc.; Working Solutions, LLC; Tree Rings, LLC (and other entities and individuals at those entities placing calls on Defendant’s behalf); and Defendant’s senior housing partners, including independent living, assisted living and memory care facilities, senior day care and home care providers, senior apartment facilities, skilled nursing facilities and residential care homes that made calls to Settlement Class Members using telephone numbers provided by Defendant.

    The Settlement Agreement (available under the Case Documents tab) provides more detail regarding the release and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms listed in Question 13 for free or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Parties or the Released Claims or what they mean.

    Class Members are not precluded from addressing, contacting, dealing with, or complying with requests or inquiries from any governmental authorities relating to the issues raised in this class action settlement.

    The release does not apply to Class Members who timely opt-out of the Settlement.

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  12. How do I exclude myself from the Settlement?

    To exclude yourself from the Settlement, you must submit an Exclusion Form electronically on this website or mail your Exclusion Form postmarked no later than September 15, 2020, to:

    APFM TCPA Settlement Administrator

    P.O. Box 43154

    Providence, RI, 02940-3154

    If you ask to be excluded, you will not get any Settlement Award, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit.

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  13. Do I have a lawyer in this case?

    The Court appointed the following law firms to represent you and other Class Members: Lieff Cabraser Heimann & Bernstein, LLP, Mason Lietz & Klinger LLP, Hussin Law Firm, and Frank Freed Subit & Thomas LLP.

    These lawyers are called Class Counsel. Class counsel have applied for payment from the Settlement Fund of $1,500,000 in legal fees and costs of $75,000 to compensate them for work on behalf of Class Members. Regardless of whether the Court grants Class Counsel’s request, no Class Member will be charged individually for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.

    Class Counsel may be contacted at the following addresses and numbers:

    Daniel Hutchinson

    Lieff Cabraser Heimann & Bernstein, LLP 

    275 BATTERY STREET
    29TH FLOOR
    SAN FRANCISCO, CA 94111
    Phone: (415) 956-1000

    Gary Klinger

    Mason Lietz & Klinger LLP

    227 W MONROE STREET STE 2100

    CHICAGO, IL 60606

    Phone: (202) 429-2290

    Tammy Hussin

    Hussin Law Firm

    1596 N. Coast Highway 101
    Encinitas, CA 92024

    Phone: (877) 677-5397

    Michael Subit 

    Frank Freed Subit & Thomas LLP 

    FRANK FREED SUBIT & THOMAS
    705 2ND AVE, STE 1200
    SEATTLE, WA 98104-1729
    Phone: 206-682-6711

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  14. How will the lawyers and class representative be paid?

    Class Counsel has submitted a motion asking the Court to approve payment of $1,500,000 (25% of the Settlement Fund) and costs of $75,000 to compensate them for expenses and for attorneys’ fees for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel will also request an award of one service payment of $10,000 to the Class Representative and $2,500 to the former plaintiff, in compensation for their time and effort. The Court may award less than these amounts. These payments, along with the costs of administering the Settlement, will be made out of the Settlement Fund. A copy of Class Counsel’s application for attorneys’ fees and costs is available on this Settlement Website.

    You may object to Class Counsel’s application for attorneys’ fees and costs by sending a letter to the Settlement Administrator by September 15, 2020 or by appearing in person, or through an attorney hired by you, at the Final Approval Hearing on October 1, 2020.

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  15. How do I tell the Court if I do not think the Settlement is fair?

    You can tell the Court that you don't agree with the Settlement or some part of it. If you are a Class Member, you can object to the Settlement if you do not think the Settlement is fair. You can state reasons why you think the Court should not approve it. The Court will consider your views. To object, you may send a letter to the Settlement Administrator by September 15, 2020, appear in person at the Final Approval Hearing on October 1, 2020, or appear through an attorney hired by you, at the Final Approval Hearing on October 1, 2020. You do not need to seek permission in advance or communicate to the Settlement Administrator to speak at the Final Approval Hearing.

    If you prefer to send a letter, your objection must be mailed by September 15, 2020 to:

    APFM TCPA Settlement Administrator

    P.O. Box 43154

    Providence, RI, 02940-3154

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  16. 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 Final Approval Hearing will be held at 10 a.m. on Thursday, October 1, 2020 at the United States District Court for the Western District of Washington, 700 Stewart Street, Courtroom 15206, Seattle, WA 98101-9906. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to award attorneys’ fees, expenses, and service awards as described above, and in what amounts. If there are objections, the Court will 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 in person at your own expense or through an attorney hired by you.

    In light of the outbreak of Coronavirus Disease 2019, the Court cannot be certain that a final approval hearing can be conducted on the date or in the manner anticipated at the time it is scheduled. To obtain up-to-date information about the status of the Final Approval Hearing, please visit www.wawd.uscourts.govwww.wawd.uscourts.gov/APlaceForMom or this Settlement Website. You should NOT contact the Court about this matter or the status of the final approval hearing and should instead direct all correspondence to the Settlement Administrator or Class Counsel.

    Update 9/17/2020: The Final Approval Hearing will be conducted via video conference. 

    Update 9/23/2020: The Final Approval Hearing will be conducted remotely on October 1 at 10 am. 

    Join by audio only using the following telephone number:

    1-669-254-5252

    Meeting ID: 160 292 2658

    Any Class Members that wish to participate in the Final Approval Hearing should contact Class Counsel or the Settlement Administrator to obtain the link and/or meeting ID number and passcode. The contact information for Class Counsel and the Settlement Administrator can be found under the Frequently Asked Questions tab and Contact Us tab of this website. 

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  17. May I speak at the hearing?

    You may speak at the Final Approval Hearing in person or through an attorney hired by you. You cannot speak at the hearing if you excluded yourself from the Class. 

    Update 9/17/2020: The Final Approval Hearing will be conducted via video conference. 

    Update 9/23/2020: The Final Approval Hearing will be conducted remotely on October 1 at 10 am. 

    Join by audio only using the following telephone number:

    1-669-254-5252

    Meeting ID: 160 292 2658

    Any Class Members that wish to participate in the Final Approval Hearing should contact Class Counsel or the Settlement Administrator to obtain the link and/or meeting ID number and passcode. The contact information for Class Counsel and the Settlement Administrator can be found under the Frequently Asked Questions tab and Contact Us tab of this website. 

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  18. What happens if I do nothing at all?

    If you received a notice by U.S. mail and your notice indicates you are a member of Group 1, and you do nothing in response, you will be bound by the terms of the Settlement if it is finally approved by the Court, and you will receive a pro rata share of any proceeds of the Settlement automatically.

    If you received a notice by email and your notice indicates you are a member of Group 1, and you do nothing in response, you will be bound by the terms of the Settlement if it is finally approved by the Court, and will not receive a pro rata share of any proceeds of the Settlement automatically. In order to receive a settlement payment, you must provide an updated mailing address at this link by September 15, 2020.

    If you received a notice via email and your notice indicates you are a member of Group 2, and you do nothing in response, you will be bound by the terms of the Settlement if it is finally approved by the Court, and you will not receive any monetary benefit from the Settlement. To receive a pro rata share of any proceeds of the Settlement, you must complete and timely submit a Claim Form to the Settlement Administrator on or before September 15, 2020.

    If you believe you are a Class Member, but you did not receive a notice via U.S. mail or email, and you do nothing, you will be bound by the terms of the Settlement if it is finally approved by the Court, and you will not receive any monetary benefit from the Settlement. To receive a pro rata share of any proceeds of the Settlement, you must complete and timely submit a valid Claim Form to the Settlement Administrator on or before September 15, 2020.

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  19. How do I get more information?

    The Long Form Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement and other case documents by emailing the Settlement Administrator at info@APFMTCPAsettlement.com; writing to APFM TCPA Settlement Administrator, P.O. Box 43154, Providence, RI, 02940-3154; or visiting this Settlement Website, where you will find answers to common questions about the Settlement, a Claim Form, and other information to help you determine whether you are a Class Member, choose a payment method, or make a donation at your election.

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