Case No. 18-cv-25090-DPG
(United States District Court for the Southern District of Florida)
A court authorized notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Dunleavey v. Sunrise Detox III, LLC, Case No. 18-cv-25090-DPG and about all of your options before the Court decides whether to give Final Approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.
Judge Darrin P. Gayles of the United States District Court for the Southern District of Florida is overseeing this case. The person who sued, Philip Dunleavey, is called the “Plaintiff.” Sunrise is called the “Defendant.”
To view a copy of the Notice, click here.Back To Top
The lawsuit alleges that Sunrise sent text messages to Plaintiff’s wireless telephone number without prior express written consent 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 individuals in the United States.
Sunrise 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 Settlement Agreement, and other case-related documents are posted on the Important Documents page. The Settlement resolves the lawsuit. The Court has not decided who is right.Back To Top
The Telephone Consumer Protection Act (commonly referred to herein as the “TCPA”) is a federal law that restricts telephone solicitations and the use of automated telephone equipment.Back To Top
In a class action, one person called the “Class Representative” (in this case, Plaintiff Philip Dunleavey) sues on behalf of himself and other people with similar claims.
All of the people who have claims similar to the Plaintiff’s are Settlement Class Members, except for those who exclude themselves from the Settlement Class.Back To Top
The Court has not found in favor of either Plaintiff or Sunrise. 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 FAQ 8. Sunrise denies all legal claims in this case. Plaintiff and his lawyers think the proposed Settlement is best for everyone who is affected.Back To Top
The Settlement includes all persons who received a text message on their cell phone from Sunrise. Specifically, the Settlement Class is defined as:
(1) All persons within the United States (2) who were sent a text message (3) on his or her cellular telephone (4) using the Textedly platform (5) by or on behalf of Sunrise on or about October 30, 2018.
Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as “Settlement Class Members.”
Excluded from the Settlement Class are:
If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, you may contact the Settlement Administrator by calling the toll-free number 1-855-915-0917, or writing to Sunrise Detox TCPA Settlement Administrator P.O. Box 4349, Portland, OR 97208-4349.Back To Top
To fully settle and release claims of the Settlement Class Members, Sunrise has agreed to make payments to the Settlement Class Members, pay for notice and administration costs of the Settlement, attorneys’ fees and expenses incurred by counsel for the Settlement Class, and a service award for Plaintiff (the “Settlement Fund”). Defendant will make available up to $500,000 (the “Settlement Fund”). Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by December 18, 2019 in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator in the approximate amount of Sixty-One Dollars and Ninety-Seven Cents ($61.97), less any Notice and Administration Costs, Attorneys’ Fees and Expenses, and Service Award. Settlement Class Claimants will be sent their Claim Settlement Payments to the address they submitted on their Claim Form within 60 days following the Effective Date.Back To Top
If you qualify for a payment, you must complete and submit a valid Claim Form. Claim forms are available for online submission here. To file by U.S. mail, you may download a Claim Form here, request a Claim Form by email at claims@SunriseTCPAsettlement.com, or request a Claim Form by calling the Settlement Administrator at the toll-free number, 1-855-915-0917. To be valid, a Claim Form must be completed fully and accurately, signed under penalty of perjury, and submitted timely.
You must submit a Claim Form by U.S. mail or through the Settlement Website here, and it must be postmarked or completed online by December 18, 2019.
Please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.Back To Top
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 FAQ 19). If there are appeals, resolving them can take time. Please be patient.Back To Top
If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Sunrise on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself—or it is sometimes referred to as “opting out” of the Settlement Class.
To exclude yourself from the Settlement, you must send a timely letter by mail to:
Sunrise Detox TCPA Settlement Administrator
P.O. Box 4349
Portland, OR 97208-4349
Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a statement that indicates your desire to be “excluded from the Settlement Class” and that, absent of excluding yourself or “opting out,” you are “otherwise a member of the Settlement Class.”
Your exclusion request must be postmarked no later than November 4, 2019. You cannot ask to be excluded on the phone, by email, or on this website.
You may opt out of the Settlement Class only for yourself.Back To Top
No. Unless you exclude yourself, you give up the right to sue Sunrise for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.Back To Top
Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against Sunrise 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, available here, 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 firms representing the Settlement Class, listed in FAQ 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.Back To Top
No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.Back To Top
The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.
Scott Edelsberg, Esq.
Edelsberg Law, P.A.
20900 NE 30th Avenue
Aventura, FL 33180
Andrew J. Shamis, Esq.
Shamis & Gentile, P.A.
14 NE 1st Avenue
Miami, FL 33132
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.Back To Top
Class Counsel intend to request up to 25% of the value of the Settlement for attorneys’ fees plus reimbursement of reasonable, 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 a Service Award of $5,000.00 be paid from the Settlement Fund to the Class Representative for his service as representative on behalf of the whole Settlement Class.Back To Top
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:
If you wish to object, you must file your objection with the Court (using the Court’s electronic filing system or in any manner in which the Court accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by November 4, 2019.
|Clerk of the Court||Class Counsel||Defendant’s Counsel|
United States District Court for
the Southern District of Florida
400 N. Miami Ave.
Miami, FL 33128
Scott Edelsberg, Esq.
Edelsberg Law, P.A.
20900 NE 30th Ave.
Aventura, FL 33180
Nason Yeager Gerson Harris & Fumero, P.A.
3001 PGA Blvd.
Palm Beach Gardens, FL 33410
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.Back To Top
The Court has scheduled a Final Approval Hearing on December 3, 2019 at 10:00 a.m. at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Room 11-1, Miami, Florida 33128. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website 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 a Service 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.Back To Top
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.Back To Top
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 FAQ 17).
You cannot speak at the hearing if you exclude yourself from the Settlement.Back To Top
If you are a Settlement Class Member and do nothing, meaning you do not file a timely 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.Back To Top
This website and the Notice summarize the proposed Settlement. You are urged to review the Settlement Agreement for a complete, definitive statement of the Settlement terms. You can also contact the Settlement Administrator with questions by writing to Sunrise Detox TCPA Settlement Administrator, P.O. Box 4349, Portland, OR 97208-4349 or calling the toll-free number, 1-855-915-0917.Back To Top