Nguyen v. Vantiv LLC et al

Filing 47

ORDER by Judge Laurel Beeler granting 41 Motion for Preliminary Approval of Class-Action Settlement. The court: 1) conditionally certifies the class for settlement purposes only; 2) preliminarily approves the settlement, authorizes notice a s set forth in this order, and gives leave to file the FAC for settlement purposes only; 3) approves the notice plan; 4) appoints the class representative, class counsel, and claims administrator; 5) orders the procedures in this order (including all dates in the chart); and 6) orders the parties and the claims administrator to carry out their obligations in the settlement agreement. The court approves the Settlement Class Notice, Email Settlement Class Notice, and Claim Form, which are at EC F Nos. 41-4 at 10-15, 41-4 at 17-18, and 41-4 at 20-21, and are attached to the filed order as Exhibits 1, 2, and 3. (Attachments: # 1 Exhibit class notice, # 2 Exhibit email class notice, # 3 Exhibit claim form)(lblc3S, COURT STAFF) (Filed on 5/19/2016)

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EXHIBIT 2

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NOTICE OF CLASS ACTION SETTLEMENT
From the United States District Court for the Northern District of California

YOU MAY BE PART OF A
CLASS ACTION SETTLEMENT
DEADLINES APPLY

SUMMARY NOTICE OF CLASS ACTION SETTLEMENT
If you are a natural person who was a California resident and who, while physically located in California,
called one or more of 28 specific toll-free telephone numbers operated by Defendants (“Vantiv”) during
the period from January 24, 2014 through May 1, 2015, inclusive, and spoke with a representative, you
may be entitled to money from a class action settlement.
Vantiv, as part of its services, operates a 24-hour contact center that handles toll-free calls from bank
customers, credit union members, and other cardholders. During the period from January 24, 2014
through May 1, 2015, 28 toll-free telephone numbers handled by the Vanitv contact center were affected
by a software error that caused undisclosed recording of calls to those numbers. A list of the 28 toll-free
numbers affected by a software error that caused undisclosed recording of calls to those numbers during
the Class Period can be found at the settlement website, www.CardServicesSettlement.com. This
settlement covers those calls. Please read the rest of this Notice to find out more.
A proposed $2,000,000 class action settlement has been reached in the lawsuit Tuan Nguyen v. Vantiv,
Inc., et al., USDC ND CA Case No. 3:15-cv-02436-LB. The lawsuit claims that Defendants recorded
telephone calls of persons calling certain toll-free customer-service lines without telling callers that the
calls may be recorded, allegedly in violation of California law. Defendants have denied the claims.
Nonetheless, Defendants and the Class Representative have agreed to settle the dispute to avoid the
uncertainty and costs of litigation.
This notice is only a summary. You may obtain more complete information by
visiting www.CardServicesCallsSettlement.com and viewing the full class notice, by writing to the
address at the bottom of this notice, or by calling the Claims Administrator at 1-8xx-xxx-xxxx.
What are my legal rights?
Defendants have a record of every telephone number that called the 28 toll-free numbers affected
by the software error that caused un-noticed call recording during the Class Period. There are
records indicating that you might be a member of the Class entitled to submit a Claim Form. If
you are not sure whether you qualify, you can contact the Claims Administrator by calling 1-8xxxxx-xxxx or by email at [insert email address] to ask whether your telephone number or numbers
appear on the list of calls routed through the call recording software during the Class Period.
To receive a settlement payment, you must submit a claim. It is expected that class members who
submit a claim will receive at least $250 per qualified call, but not more than $5,000 per call. Whether

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or not you submit a claim, if the Court approves the settlement, and you do not take steps to exclude
yourself from the settlement, you will be bound by all of the Court’s orders. This means you will not be
able to make any claims against Defendants covered by the settlement.
If you wish to submit a claim, visit www.CardServicesSettlement.com or contact the Claims
Administrator at 1-8xx-xxx-xxxx to get a claim form. The deadline to submit claims is [insert date].
If you do not wish to be a member of the settlement class, you must submit a letter to the Claims
Administrator at the address below postmarked by [insert date]. If you request to be excluded from the
settlement, you cannot submit a claim form. Visit the settlement website for more information.
If you wish to object to the settlement, you must do so by submitting your objection to the Court in person
or postmarked by [insert date]. Visit the settlement website for more information.
Call Recording Settlement Administrator
c/o A.B. Data Ltd.
P.O. Box XXXX
City, State zip code
1-8xx-xxx-xxxx
www.CardServicesSettlement.com