Frequently Asked Questions

  1. Why is there a notice?

    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.

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  2. What is this litigation about?

    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.

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  3. What is the Telephone Consumer Protection Act?

    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.

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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 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.

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  5. Why is there a settlement?

    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.

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  6. Who is included in the Settlement?

    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:

    1. The district judge and magistrate judge presiding over this case, the judges of the U.S. Court of Appeals for the Eleventh Circuit, their spouses, and persons within the third degree of relationship to either of them;
    2. Individuals who are or were agents, directors, employees, officers, or servants of Sunrise or of any affiliate or parent of Sunrise on October 30, 2018;
    3. Plaintiff’s counsel and their employees; and
    4. All persons who file a timely and proper request to be excluded from the Settlement Class.

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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, 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.

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  8. What does the Settlement provide?

    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.

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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. 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.

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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 FAQ 19). 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?

    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.

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

    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.

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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 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.

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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 this case?

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

    Class Counsel
    Scott Edelsberg, Esq.
    Edelsberg Law, P.A.
    20900 NE 30th Avenue
    Suite 417
    Aventura, FL 33180
    Andrew J. Shamis, Esq.
    Shamis & Gentile, P.A.
    14 NE 1st Avenue
    Suite 1205
    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.

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  16. How will the lawyers be paid?

    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.

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  17. How do I tell the Court if 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:

    1. A heading that includes the case name and case number, Dunleavey v. Sunrise Detox III, LLC, Case No. 18-cv-25090-DPG;
    2. Your name, address, telephone number, the cell phone number at which you received text messages from Sunrise and if represented by counsel, the name, bar number, address, and telephone number of your counsel;
    3. A signed statement stating, under penalty of perjury, that you received one or more text message from Sunrise and are a member of the Settlement Class;
    4. A statement of all your objections to the Settlement including your legal and factual basis for each objection;
    5. A statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel, and if with counsel, the name of your counsel who will attend;
    6. The number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior objections that were issued by the trial and appellate courts in each listed case;
    7. A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and
    8. Any and all agreements that relate to the objection or the process of objecting—whether written or verbal—between you or your counsel and any other person or entity.

    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
    www.flsd.uscourts.gov
    Scott Edelsberg, Esq.
    Edelsberg Law, P.A.
    20900 NE 30th Ave.
    Suite 417
    Aventura, FL 33180
    Nason Yeager Gerson Harris & Fumero, P.A.
    3001 PGA Blvd.
    Suite 305
    Palm Beach Gardens, FL 33410

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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 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.

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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 FAQ 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 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 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.

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