Marsh et al v. Zaazoom Solutions, LLC et al

Filing 253

ORDER CERTIFYING SETTLEMENT CLASS AND PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT by Hon. William H. Orrick granting 197 Motion for Settlement. The Court preliminarily approves the Parties' class action settlement and Agreement. (jmdS, COURT STAFF) (Filed on 1/22/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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AMBER KRISTI MARSH and STACIE EVANS,
individually and on behalf of a class of similarly situated
persons,

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Plaintiffs,
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v.
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ZAAZOOM SOLUTIONS, LLC, a Delaware Limited
Liability Company, ZAZA PAY LLC, a Delaware
Limited Liability Company dba Discount Web Member
Sites, LLC, Unlimited Local Savings, LLC, Web
Discount Club, Web Credit Rpt. Co., MegaOnlineClub,
LLC, and RaiseMoneyForAnything; MULTIECOM,
LLC, a Colorado Limited Liability Company dba Online
Discount Membership, Web Discount Company, and
Liberty Discount Club; ONLINE RESOURCE
CENTER, LLC, a Delaware Limited Liability Company
dba Web Coupon Site, USave Coupon, and UClip; MOE
TASSOUDJI, an individual, BILL CUEVAS, an
individual, FIRST BANK OF DELAWARE, a
Delaware Corporation, FIRST NATIONAL BANK OF
CENTRAL TEXAS, a Texas Corporation; SUNFIRST
BANK, a Utah Corporation; JACK HENRY &
ASSOCIATES, INC., a Delaware Corporation dba
ProfitStars; AUTOMATED ELECTRONIC
CHECKING, INC., a Nevada Corporation; DATA
PROCESSING SYSTEMS, LLC, a Delaware Limited
Liability Company and DOES 1-10, inclusive,

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Defendants.
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CASE NO. 3:11-cv-05226-WHO
ORDER CERTIFYING
SETTLEMENT CLASS AND
PRELIMINARILY
APPROVING CLASS ACTION
SETTLEMENT

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On January 15, 2014, the Court held a hearing on Plaintiff Stacie Evans’s unopposed
motion for certification of a settlement class and for preliminary approval of a class action
settlement. The Court, having considered the motion and the Parties’ proposed settlement, grants
Plaintiff’s motion as follows:
1.

The Court has reviewed the terms of the Parties’ Settlement Agreement

(“Agreement”), submitted as Exhibit 1 to the Kronenberger Declaration, Dkt. No. 198-1, and
preliminarily finds that the Agreement, modified as agreed to by the parties at the hearing and as
reflected in the modified Class Notice attached to this Order, appears sufficiently fair, reasonable,
and adequate to warrant dissemination of class notice of the proposed settlement and to schedule
a formal fairness hearing. The Court finds that the Agreement contains no obvious deficiencies
and that the Parties entered into the settlement in good faith, following arm’s length negotiations
between their respective counsel. The Court adopts the definitions set forth in the Agreement and
all defined words or phrases used in this Order shall have the same meaning as in the Agreement.
2.

The Court certifies the following class for settlement purposes only pursuant to

Rule 23(b)(3) of the Federal Rules of Civil Procedure:

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All persons whose banking accounts were drawn on by way of remotely created
checks created by or on behalf of the ZaaZoom Defendants and deposited at First
Bank of Delaware, or from whom Membership Fees were collected and deposited
at First Bank of Delaware, or who incurred Bank Account Fees in connection with
a collection or attempted collection of Membership Fees by any instrument
deposited at First Bank of Delaware, from May 6, 2007 to January 15, 2014.
Excluded from the Settlement Class are defendant First Bank of Delaware (“FBD”) and its
subsidiaries and affiliates, employees, officers, directors, agents and representatives and their
family members; Class Counsel; all judicial officers who have presided over the Action; and all
persons who have timely elected to become Opt-Outs from the Settlement Class in accordance
with this Order.
3.

The Court finds that, for the purpose of settlement only, the requirements of

Rule 23 of the Federal Rules of Civil Procedure are met by the class. Joinder of all class
members in a single proceeding would be impracticable, if not impossible, because of their

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numbers and dispersion. Common issues exist among class members and predominate over
questions affecting individual class members. Plaintiff’s claims are typical of those of the
Settlement Class. Plaintiff and her counsel will fairly and adequately protect the interests of the
Settlement Class. Plaintiff has no interest antagonistic to those of the Settlement Class and has
retained counsel experienced and competent to prosecute this matter on behalf of the class.
Finally, a class settlement is superior to other available methods for a fair resolution of the
controversy.
4.

The Court appoints Plaintiff Stacie Evans to serve as class representative. Further,

pursuant to Rule 23(g)(1) of the Federal Rules of Civil Procedure, the Court appoints Karl S.
Kronenberger, Jeffrey M. Rosenfeld, and Alison B. Kwan of Kronenberger Rosenfeld, LLP, and
Mike Arias and Alfredo Torrijos of Arias Ozzello & Gignac LLP to serve as Class Counsel.
5.

Pursuant to Rule 23(c)(2)(B) and Rule 23(e) of the Federal Rules

of Civil Procedure, the Court orders that the Settlement Class be given notice of the pendency of
this action and the Parties’ proposed settlement. The Court finds that the Class Notice
dissemination procedure set forth in Paragraphs 57-63 of the Settlement Agreement, as modified
by the parties at the hearing and reflected in the modified Class Notice attached to this Order,
(i) is the best practicable notice; (ii) is reasonably calculated, under the circumstances, to apprise
Settlement Class Members of the pendency of the Action and of their right to object or to exclude
themselves from the proposed settlement; (iii) is reasonable and constitutes due, adequate, and
sufficient notice to all persons entitled to receive notice; and (iv) meets all applicable
requirements as set forth by law. Accordingly, the Court adopts and incorporates the Class
Notice dissemination procedures set forth in Paragraphs 57-63 of the Agreement, as modified by
the parties at the hearing and reflected in the modified Class Notice attached to this Order, into
this Order.
6.

The Court approves the Class Notice, as modified in the attachment to this Order,

and the Short Form Notice, Postcard Notice, Publication Notice, and Claim Form, attached as
Exhibits A-E to the Agreement, which shall be modified to conform with the Court’s modified

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Class Notice. The Court also approves the creation of a Settlement Website by the Settlement
Administrator.
7.

The Court appoints KCC Class Action Services, LLC (“KCC”), as Settlement

Administrator to disseminate notice to the Settlement Class and administer the settlement. The
Court orders KCC to: (i) complete dissemination of notice to the Settlement Class by twenty-five
(25) business days after entry of this order in accordance with Paragraphs 57-63 of the
Agreement, as modified by the parties at the hearing and reflected in the modified Class Notice
attached to this Order; (ii) file proof of the dissemination of notice to the Settlement Class at or
before the Final Approval Hearing; (iii) establish a post office box in KCC’s name to be used for
receiving requests for exclusion, objections, notices of intention to appear, and any other
communications; (iv) promptly furnish Class Counsel, Defense Counsel, and FBD with copies of
any and all written requests for exclusion, notices of intention to appear, or other communications
from Settlement Class Members; and (v) provide the Opt-Out List to Class Counsel and Defense
Counsel no later than seven (7) business days after the close of the 60-day opt-out period and file
a declaration attesting to the completeness and accuracy thereof no later than three (3) business
days thereafter or on such other date as the Parties may direct.
8.

The Court sets a Final Approval Hearing on June 25, 2014, at 2 p.m. to consider

the fairness, reasonableness, and adequacy of the proposed settlement and Agreement and
determine whether it should finally be approved by the Court. At that time, the Court will hear
any applications for attorney’s fees, expenses, or incentive awards.
9.

The Court sets March 28, 2014, as the deadline for filing the final approval

motion and the application for the Attorney’s Fee Award.
10.

The Court sets June 11, 2014, as the deadline for filing any reply memorandum in

further support of final approval of the proposed settlement or the Attorney’s Fee Award
application.
11.

The Court orders that any Settlement Class Member who wishes to exclude

himself or herself from the Settlement Class must submit a written request for exclusion to the

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Settlement Administrator via first class United States mail postmarked no later than April 28,
2014. Any Settlement Class Member who does not submit a timely written request for exclusion
from the Settlement Class will be bound by all proceedings, orders, and judgments in the Action,
even if such Settlement Class Member has previously initiated or subsequently initiates individual
litigation or other proceedings encompassed by the Release.
12.

The Court orders that any Settlement Class Member who does not exclude himself

or herself from the Settlement Class and who wishes to object to the fairness, reasonableness, or
adequacy of the Agreement, the proposed settlement, or to the Attorney’s Fee Award should
submit his or her objections to the Court at the address listed on the Class Notice, via first class
United States mail postmarked no later than May 26, 2014, or by hand no later than the same
date. The objection should be in writing, signed by the Settlement Class Member, and should
contain all of the following information: (i) the objector’s full name, address, and telephone
number; (ii) the Membership Program(s) in which the objector was enrolled and for which
deductions were taken from the objector’s bank account; (iii) a written statement of all grounds
for the objections accompanied, if possible, by any legal support for such objections; (iv) copies
of any papers, briefs, or other documents upon which the objection is based; (v) whether the
objector intends to appear at the Final Approval Hearing; and (vi) if the objector intends to appear
at the Final Approval Hearing through counsel, the identity of the attorney(s) representing the
objector who will appear at the Final Approval Hearing. Any attorney hired by a Settlement
Class Member for the purpose of objecting to the Agreement, the proposed settlement, or to the
Attorney’s Fee Award shall be at the Settlement Class Member’s own expense. Any Settlement
Class Member who does not file a timely written objection in accordance with the procedures
stated herein shall be foreclosed from seeking any adjudication or review of this settlement by
appeal or otherwise. The parties shall not have the right to depose any objector.
13.

Any Settlement Class Member who timely files a written objection but whose

objection is overruled by the Court will have ten (10) business days to file a Claim Form and
become a member of the Settlement Class.

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The Court preliminarily enjoins all Settlement Class Members unless and until

they have timely excluded themselves from the Settlement Class (i) from filing, commencing,
prosecuting, intervening in or participating as a plaintiff, claimant or class member in any other
lawsuit or administrative, regulatory, arbitration or other proceeding against FBD in any
jurisdiction based on, relating to, or arising out of the claims and causes of action or the facts and
circumstances giving rise to the Action or the Released Claims; (ii) from filing, commencing, or
prosecuting a lawsuit or administrative, regulatory, arbitration, or other proceeding against FBD
as a class action on behalf of any Settlement Class Members who have not timely excluded
themselves (including by seeking to amend a pending complaint to include class allegations or
seeking class certification in a pending action), based on, relating to or arising out of the claims
and causes of action or the facts and circumstances giving rise to the Action or the Released
Claims.
As set forth above, the Court preliminarily approves the Parties’ class action settlement
and Agreement.
IT IS SO ORDERED.

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Dated: January 22, 2014
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The Honorable William H. Orrick
United States District Judge

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IMPORTANT NOTICE
YOU MAY BE ENTITLED TO BENEFITS FROM A CLASS ACTION SETTLEMENT
Subject to Court approval, as to First Bank of Delaware (“FBD”) only, a proposed settlement has
been reached in a class action alleging that ZaaZoom (defined below) attempted to withdraw
money from consumers’ bank accounts without authorization and deposited such funds at FBD.
The lawsuit alleges, among other things, that ZaaZoom, along with other entities, obtained
consumers’ bank account information after they applied online for pay day loans, and used that
information to enroll consumers in online membership programs without their knowledge or
approval and then deposited such funds at FBD. The representative plaintiff claims that FBD,
and other defendants, violated Federal electronic communications and banking laws, as well as
California consumer protection laws. FBD strongly denies any claims of wrongdoing, but has
agreed to settle the lawsuit (defined below) to avoid the burden and cost of further litigation.
You may be a Settlement Class Member if: (1) you were enrolled in an online membership
program for discount coupon subscriptions, through use of a remotely created check (“RCC”)
created in your name, offered by any of ZaaZoom Solutions, LLC, Zaza Pay LLC, Discount Web
Member Sites LLC, Unlimited Local Savings LLC, Web Discount Club, Web Credit Rpt. Co.,
MegaOnlineClub LLC, RaiseMoneyForAnything, MultiEcom, LLC, Online Discount
Membership, Web Discount Company, Liberty Discount Club, Online Resource Center, LLC,
Web Coupon Site, USave Coupon, UClip, and/or any other entity offering discount coupon
subscriptions controlled and operated by ZaaZoom Solutions, LLC and/or Zaza Pay LLC
(collectively “ZaaZoom”); AND (2) you believe that you did not authorize ZaaZoom to create
and deposit an RCC in your name; AND (3) your banking account was drawn on by way of an
RCC and deposited at FBD, or Membership Fees were collected from your banking account and
deposited at FBD, or you incurred Bank Account Fees, such as overdraft fees, in connection with
a collection or attempted collection of Membership Fees by any instrument deposited at FBD,
between May 6, 2007 and January 15, 2014. If you received this notice, you have been
identified as a likely Settlement Class Member based on our records.
Your Legal Rights Are Affected Even If You Do Not Act. Please Read This Notice Carefully.
A SUMMARY OF YOUR RIGHTS AND CHOICES

You May:

Summary:

Due Date:

Submit a Claim You may be eligible to receive a Cash Payment if you qualify
but you must submit a Claim Form. If you submit a Claim
Form, you will be bound by the terms of the Settlement and give
up your right to sue on your own regarding any claims that are
part of the Settlement.

April 28,
2014

Ask to be
Excluded

April 28,
2014

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You can opt out of the Settlement. If you do so you will not be
eligible to receive a Cash Payment. But you retain the right to
sue on your own regarding any claims that are part of the
Settlement.

Submit an
Objection

You may write to the Court and explain why you do not like the
Settlement. You may appear and speak at the Fairness Hearing
on your own or through a lawyer hired by you. After your
objection is heard by the Court you may file a Claim Form.

Do Nothing

You receive no money or compensation. You give up the right to N/A
sue on your own regarding any claims that are part of the
Settlement.
THESE RIGHTS AND OPTIONS
-AND THE DEADLINES TO EXERCISE THEMARE EXPLAINED IN THIS NOTICE.

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May 26,
2014

WHAT THIS NOTICE CONTAINS

BASIC INFORMATION
1.

Why is There a Notice?.......................................................................................... 1

2.

What is a Class Action and Who is Involved? ....................................................... 1

3.

What Lawsuit is Involved in This Settlement? ...................................................... 1

4.

What is This Class Action About? ......................................................................... 1

5.

Why is There a Settlement? ................................................................................... 1

SETTLEMENT MEMBERS
6.

Am I a Member of the Settlement Class? .............................................................. 2

THE PROPOSED SETTLEMENT
7.

What Benefits Will I Receive as a Settlement Class Member? ............................. 3

8.

Are the Settlement Benefits Available Now? ........................................................ 3

YOUR RIGHTS AND OPTIONS
9.

What Happens if I do Nothing? ............................................................................. 3

10.

If I Remain in the Settlement Class, What Claims Do I Give Up? ........................ 3

11.

Why Would I Ask to be Excluded? ....................................................................... 5

12.

How Do I Exclude Myself From the Settlement Class? ........................................ 5

13.

Can I Object to the Settlement? ............................................................................. 5

14.

When is the Fairness Hearing? .............................................................................. 7

15.

Do I Have to Attend the Fairness Hearing? ........................................................... 7

16.

May I Speak at the Fairness Hearing? ................................................................... 7

THE LAWYERS REPRESENTING YOU
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Does the Settlement Class Have a Lawyer? .......................................................... 7

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Should I Hire My Own Lawyer? ........................................................................... 7

19.

How Will Class Counsel Be Paid?......................................................................... 7

20.

Will the Class Representatives Request Any Payments In Addition to the
Settlement Benefits? .............................................................................................. 8

MORE INFORMATION
21.

Where Can I Get More Information? ..................................................................... 8

22.

May I Contact the Court or FBD Directly? ........................................................... 8

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BASIC INFORMATION

1.

Why is There a Notice?
The purpose of this Notice is to inform potential Class Members about the proposed
Settlement of a class action lawsuit before the Court decides whether to approve the
Settlement. This Notice explains:
o What the lawsuit and the Settlement are about.
o Who is a member of the Settlement Class.
o Who represents the Settlement Class Members in the lawsuit.
o What your legal rights and choices are.
o How and by when you need to act.

2.

What is a Class Action and Who is Involved?
In a class action lawsuit, one or more people, called “Class Representatives,” sue on behalf
of people who plaintiffs believe have similar claims. The people together are called the
“Class” or “Class Members.” One of the people who initiated this lawsuit, the Plaintiff, and
the company being sued, First Bank of Delaware (“FBD”), have reached a proposed
Settlement. The Court that is considering whether to approve the Settlement has allowed, or
“certified,” this case as a class action for purposes of settlement only, and all decisions that
the Court makes concerning the Settlement will affect everyone in the Class.

3.

What Lawsuit is Involved In This Settlement?
A class action was filed in the United States District Court for the Northern District of
California entitled Amber Marsh and Stacie Evans et al., v. ZaaZoom Solutions, et al., Case
No. 3:11-cv-05226-WHO (the “Class Action”).

4.

What is This Class Action About?
This Class Action alleges that ZaaZoom Solutions, LLC, Zaza Pay LLC, Discount Web
Member Sites LLC, Unlimited Local Savings LLC, Web Discount Club, Web Credit Rpt.
Co., MegaOnlineClub LLC, RaiseMoneyForAnything, MultiEcom, LLC, Online Discount
Membership, Web Discount Company, Liberty Discount Club, Online Resource Center,
LLC, Web Coupon Site, USave Coupon, UClip, and/or any other entity offering discount
coupon subscriptions controlled and operated by ZaaZoom Solutions, LLC and/or Zaza Pay
LLC (collectively “ZaaZoom”) along with FBD and other defendants violated state and
federal laws by attempting to withdraw money from consumers' bank accounts for Internetbased Membership Programs without the consumers' authorization.
FBD strongly denies any wrongdoing, but has agreed to settle the lawsuit to avoid the
burden and cost of further litigation.

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5.

Why is There a Settlement?
The Court did not decide in favor of Plaintiff or FBD. The Class Representative and Class
Counsel (listed below) believe that the claims asserted in the Class Action have merit, but
believe that the Settlement is in the best interests of the Settlement Class. Class Counsel
have evaluated information made available in the course of the lawsuit and settlement
negotiations and have taken into account the risks and uncertainties of proceeding with the
Class Action. Those risks include the uncertainty of obtaining and maintaining class
certification, prevailing on the merits, proving substantial damages at trial, and prevailing on
post-trial motions and likely appeals. Additionally, there is the risk that FBD may not have
the money to pay any judgment even if Plaintiff wins at trial. Based upon the consideration
of these and other factors, including the substantial time and expense of further litigation,
Class Counsel believe that it is in the best interests of the Settlement Class to settle the Class
Action on the terms described below.
FBD strongly denies any wrongdoing and does not believe it has any liability to the Class
Representatives or the Settlement Class. However, FBD believes that it is in its best interests
to settle the Class Action under the terms of the Settlement Agreement and obtain closure on
these matters to avoid the uncertainty, expense, and diversion of business resources resulting
from further litigation.
The proposed settlement is with FBD only. The lawsuit will continue against the other
defendants.
The parties engaged in extensive settlement negotiations, participated in mediation before a
retired judge who is a professional mediator, and shared significant amounts of information
about the Class Action before reaching the Settlement.
This Notice does not imply that any court has found or would have found that FBD violated
the law, that a class would have been certified, or that any member of the proposed class
would have recovered any amount of damages if the Class Action was not settled.
SETTLEMENT MEMBERS

To find out if you are entitled to benefits from this Settlement, you first have to determine if
you are a Class Member.
6.

Am I a Member of the Settlement Class?
You are a member of the Settlement Class if:


You were enrolled in an online membership program for discount coupon
subscriptions, through use of a remotely created check (“RCC”) created in your
name, offered by any of ZaaZoom Solutions, LLC, Zaza Pay LLC, Discount Web
Member Sites LLC, Unlimited Local Savings LLC, Web Discount Club, Web Credit
Rpt. Co., MegaOnlineClub LLC, RaiseMoneyForAnything, MultiEcom, LLC,
Online Discount Membership, Web Discount Company, Liberty Discount Club,
Online Resource Center, LLC, Web Coupon Site, USave Coupon, UClip, and/or any

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other entity offering discount coupon subscriptions controlled and operated by
ZaaZoom Solutions, LLC and/or Zaza Pay LLC (collectively “ZaaZoom”); AND


You believe you did not authorize ZaaZoom to create and deposit an RCC in your
name; AND



Your banking account was drawn on by way of an RCC and deposited at FBD, or
Membership Fees were collected from your banking account and deposited at FBD,
or you incurred Bank Account Fees in connection with a collection or attempted
collection of Membership Fees by any instrument deposited at FBD, between May 6,
2007 and January 15, 2014.

If you received this notice, you have been identified as a likely Settlement Class
Member based on our records.
THE PROPOSED SETTLEMENT

This Notice provides a summary of some, but not all, of the terms of the Settlement
Agreement. Click [here] to see a copy of the entire Settlement Agreement. The Settlement
Agreement must be approved by the Court and become “Final” before any benefits are paid.
7.

What Benefits Will I Receive as a Settlement Class Member?
Class Members who submit a Claim Form that is approved, and who do not exclude
themselves (i.e., “opt out”) from the Settlement, will be eligible to receive a Cash Payment
of up to $60.00.

8.

Are the Settlement Benefits Available Now?
No. No money or benefits are available now because the Court has not yet decided whether
to approve the Settlement. There is no guarantee that money or benefits will ever be
distributed. However, if you want to participate in the Settlement in the event that it obtains
approval, you must submit a Claim Form. Click [here] to submit a Claim Form online or to
print the Claim Form for mailing. You can also call 1-855-330-5893 to have a Claim Form
mailed to you. The deadline to submit a Claim Form is April 28, 2014.
YOUR RIGHTS AND OPTIONS

You need to decide whether to participate in the Settlement.
9.

What Happens if I do Nothing?
If you do nothing, you will automatically be a member of the Settlement Class, and all of the
Court’s orders will apply to you and legally bind you. Therefore, in order to receive any
benefit from the Settlement, you must submit a valid Claim Form. Click [here] to submit a
Claim Form online or to print the Claim Form for mailing. You can also call 1-855-3305893 to have a Claim Form mailed to you.

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10. If I Remain in the Settlement Class, What Claims Do I Give Up?
If you remain in the settlement class, you will essentially give up any and all claims against
FBD, its successors in interest, and anyone connected to them, that arise from the allegations
in this lawsuit. The full scope of the release of claims, which you should read, is set forth
below:
In consideration of the payments made by FBD and the entire Settlement Agreement (which
may be found here -insert link), and upon the Effective Date, you and your respective
agents, employees, successors, heirs, spouses, administrators, executors, partners, assigns,
and all of their past, present and future representatives and predecessors will release and
forever discharge FBD Liquidating Trust as successor in interest to First Bank of Delaware
(“FBD”) and each of its parent, subsidiary and affiliated companies, entities, trust(s),
predecessors, successors and each of its owners, shareholders, beneficiaries, officers,
directors, agents, servants, employees, attorneys, independent contractors, insurers, affiliated
entities and all other persons acting on its behalf (collectively, the “Releasees”), from all
present and any and all future claims and any and all liability whatsoever arising out of,
relating to, or concerning the facts alleged in the Third Amended Complaint in the Class
Action (which may be found here -insert link) and in the Recitals found in the Settlement
Agreement (which may be found here -insert link), including, but not limited to, any and all
claims, actions, causes of action, rights, demands, suits, debts, liens, contracts, agreements,
offsets or liabilities, including but not limited to tort claims, claims for breach of contract,
claims for violation of privacy, breach of the duty of good faith and fair dealing, breach of
statutory duties, actual or constructive fraud, misrepresentations, fraudulent inducement,
statutory and consumer fraud, breach of fiduciary duty, unfair business or trade practices,
restitution, rescission, claims for contribution or indemnification, compensatory and punitive
damages, injunctive or declaratory relief, attorneys’ fees, interests, costs, penalties and any
other claims, whether known or unknown, alleged or not alleged in the Class Action,
suspected or unsuspected, contingent or matured, under federal, state or local law, which
you had, now have or may in the future have with respect to any conduct, act, omissions,
facts, matters, transactions or oral or written statements or occurrences prior to the
Preliminary Approval Date relating to or arising out of, or connected with or resulting from
any claim or cause of action which was or could have been asserted in the Class Action
which arose from the transactions or events alleged in the Class Action (collectively, the
“Released Claims”)
With regard to the Released Claims encompassed in the paragraph immediately above, you
acknowledge that you are aware that you may later discover facts in addition to or different
from those which you now know or believe to be true with regard to the Class Action or any
other subject of this Agreement, but that you intend to fully, finally, and forever settle and
release all disputes and differences, known and unknown, suspected or unsuspected, which
now exist or formerly existed between or among you and the Releasees with respect to the
Released Claims and that in furtherance of this intention, this release shall be and will
remain a full and general release of the Class Action and any other subject matter of this
Agreement notwithstanding the discovery or existence of any additional or different facts
relating to the Class Action or any other subject of this Agreement. You expressly

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acknowledge that you are familiar with principles of law such as Section 1542 of the Civil
Code of the State of California. California Civil Code § 1542 provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.
To the extent that California or other law may be applicable to the Agreement, you expressly
agree that the provisions, rights and benefits of Section 1542 and all similar federal or state
laws, rights, rules, or legal principles of any other jurisdiction that may be applicable herein
will be knowingly and voluntarily waived and relinquished to the fullest extent permitted by
law solely in connection with unknown claims that relate to the claims or causes of action
against FBD set forth in the Class Action, and you agree and acknowledge that this is an
essential term of the Release. In connection with the Release, you acknowledge that you are
aware that you may hereafter discover claims presently unknown or unsuspected or facts in
addition to or different from those which you now know or believe to be true with respect to
matters released herein.
11. Why Would I ask to be Excluded?
You may want to exclude yourself from the Settlement Class if intend to file or already filed
a lawsuit or arbitration against FBD or its affiliates for the Released Claims and want to
continue that lawsuit or arbitration individually, on your own behalf. If you do not exclude
yourself, you will be legally bound by all orders of the Court regarding the Settlement Class,
the Settlement Agreement, and the Released Claims. All Settlement Class Members who do
not ask to be excluded will be forever barred from asserting against FBD and its affiliates
any and all actions, claims, causes of action, proceedings, or rights of any nature and
description whatsoever regarding the Released Claims, as more fully described in Section 10
above and in the Settlement Agreement. If you request exclusion you shall not be entitled to
recover any benefits from the Settlement.
12. How Do I Exclude Myself From the Settlement Class?
You may exclude yourself (“opt out”) from the Settlement Class by sending a written
request to the Settlement Administrator postmarked no later than April 28, 2014. Your
request for exclusion must contain the following information:
o Your name, address and telephone number;
o The Membership Program(s) in which you were enrolled; and
o A signed statement that you wish to be excluded from the Settlement Class.
Please send your request for exclusion to the following address:
Evans v. ZaaZoom Settlement Administrator
c/o KCC Class Action Services

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P.O. Box 43233
Providence, RI 02940-3233
If you exclude yourself from the Settlement, you cannot object to the Settlement and you
will not receive any money or other benefits from the Settlement.
13. Can I Object to the Settlement?
Yes, but not if you exclude yourself from the Settlement Class. Objecting is simply telling
the Court that you do not like something about the Settlement. All objections that are filed
by the deadline of May 26, 2014 will be considered at the Fairness Hearing on June 25,
2014. After your objection is heard by the Court, you may file a Claim Form. If you do not
file an objection, you waive your right to appeal any Court order or judgment related to the
Settlement.
To object to the Settlement, file a written objection in Amber Marsh and Stacie Evans et al.
v. ZaaZoom Solutions et al., Case No. 3:11-cv-05226-WHO, in the United States District
Court for the Northern District of California.
File an objection by sending it to, or depositing it at, the address below. Your written
objection should include or state:
o

Your full name, address, and telephone number;

o

The Membership Program(s) in which you were enrolled and for which deductions
were taken from your bank account;

o

A written statement of all grounds for your objections accompanied, if possible, by any
legal support for such objections;

o

Copies of any papers, briefs or other documents upon which your objection is based;
and

o

Whether you intend to appear at the Final Approval Hearing.

o

If you intend to appear at the Final Approval Hearing through counsel, the identity of
the attorney(s) representing you who will appear at the Final Approval Hearing.

The deadline to file your objection is May 26, 2014. The address for the Court is:
Clerk of the Court
U.S. District Court for the Northern District of California
450 Golden Gate Ave.
San Francisco, CA 94102

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14. When is the Fairness Hearing?
The Court will hold a Fairness Hearing on June 25, 2014, at 2 p.m. in Courtroom 2 of the
United States District Court for the Northern District of California, the Honorable William
H. Orrick presiding, located at 450 Golden Gate Ave., San Francisco, CA 94102. The date
of the Fairness Hearing may change, so please refer to the Settlement website to confirm the
date and time of the Fairness Hearing. At the Fairness Hearing, the Court will consider if:
o

The Settlement is fair, reasonable, and adequate;

o

The Settlement should be approved; and

o

If there are any objections to the Settlement.

15. Do I Have to Attend the Fairness Hearing?
No. Your attendance at the Fairness Hearing is not required even if you submit a written
objection. However, you or your attorney may attend the hearing at your own expense.
16. May I Speak at the Fairness Hearing?
Yes. The Court will determine the order of the speakers, and may limit the number if many
objectors appear to, and have, the same argument to make. You should file a written
objection as described above that indicates that you intend to appear. You may also enter an
appearance through an attorney hired at your own expense.
THE LAWYERS REPRESENTING YOU

17. Does the Settlement Class Have a Lawyer?
Yes. The Court appointed the law firms of Arias, Ozzello & Gignac, LLP and Kronenberger
Rosenfeld, LLP to represent you and the other Settlement Class Members. They are called
“Class Counsel.” More information about these law firms, their practices, and their lawyers
is available at www.aogllp.com and www.krinternetlaw.com.
18. Should I Hire My Own Lawyer?
You do not need to hire your own lawyer because Class Counsel is working on your behalf.
However, you may hire an attorney at your own expense to represent you and speak on your
behalf.
19. How Will Class Counsel be Paid?
If the Court approves the Settlement Agreement at the Fairness Hearing, then Class Counsel
will ask the Court for an award of reasonable attorneys’ fees in an amount not to exceed
$132,000, and reimbursement of verifiable expenses incurred as a result of the Class Action
in an amount not to exceed $18,000.
The Court will determine how much Class Counsel are paid.

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20. Will the Class Representatives Request Any Payments in Addition to the Settlement
Benefits?
Yes. The Class Representative in this Class Action is Stacie Evans. Class Counsel will
request that the Court grant a service award of up to $2,500 to Ms. Evans as Class
Representative for her efforts in obtaining the benefits of the Settlement for the Class.
MORE INFORMATION

21. Where Can I Get More Information?
This Notice is only a summary of relevant court documents. Click [here] to see complete
copies of case-related documents. If you have further questions, you may:
o Call the Settlement Administrator at the toll free number: 1-855-330-5893
o

Write to the Settlement Administrator:
Evans v. ZaaZoom Solutions Settlement Administrator
c/o KCC Class Action Services
P.O. Box 43233
Providence, RI 02940-3233

o

If you wish to contact Plaintiff’s Counsel regarding the Settlement, you may contact
them directly as follows:
Mike Arias, Esq.
Arias, Ozzello & Gignac, LLP
6701 Center Drive West, Suite 1400
Los Angeles, CA 90045
[phone]

Karl Kronenberger, Esq.
Kronenberger Rosenfeld, LLP
150 Post Street, Suite 520
San Francisco, CA 94108
[phone]

22. May I Contact the Court or FBD Directly?
Please do not contact the Court or FBD’s attorneys regarding this Settlement. They cannot
provide you any advice.
However, you may contact ZaaZoom Solutions, LLC or Zaza Pay, LLC to discuss your
enrollment in any of their Membership Programs, including any requests to withdraw from
or cancel any Membership Program in which you are currently enrolled. Please do not
contact ZaaZoom Solutions, LLC or Zaza Pay, LLC or their attorneys to discuss this lawsuit
or Settlement.

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