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)

Case 3:15-cv-02436-LB Document 41-4 Filed 04/06/16 Page 19 of 21

EXHIBIT 3

Case 3:15-cv-02436-LB Document 41-4 Filed 04/06/16 Page 20 of 21
Tuan Nguyen v. Vantiv, Inc., et al.
United States Court for the Northern District of California, Case No. 3:15-cv-02436-LB

CALL RECORDING CASE SETTLEMENT CLAIM FORM
This Claim Form is for all natural persons who were California residents and who, while residing or
physically located in California, placed a call to one or more of 28 specific toll-free telephone numbers
operated by Defendants during the period from January 24, 2014 through May 1, 2015, inclusive, and
spoke with a representative. If you received a Settlement Class Notice by U.S. mail, email or direct
telephone call, Defendants have a record of you calling at least one of the telephone numbers at issue
during the Class Period. 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 on the settlement
website, www.CardServicesSettlement.com.
To receive your share of the settlement, you must submit this completed Claim Form either online by
accessing the Settlement Website at www.CardServicesSettlement.com, or by regular mail to the
following address, postmarked no later than
, 2016:
Call Recording Settlement Claims Administrator
c/o A.B. Data, Ltd.
P.O. Box XXXX
City / State, XXXXX
Toll Free: 1-8XX-XXX-XXXX
Website: www.CardServicesSettlement.com
Please note that the value of your settlement payment will be based on the number of qualified calls you
made during the Class Period, January 24, 2014 through May 1, 2015, inclusive. Defendants have a
record of every call routed through the call recording software associated with the 28 telephone numbers
at issue during the Class Period. You should provide all possible telephone numbers you may have used
to call Defendants’ toll-free telephone numbers during the Class Period.
I. Your Name and Address
Please clearly print or type your information in the spaces below:
Name:
Street Address:

__________________________

City:

State:

Zip Code:

Phone Number(s) used to make calls between January 24, 2014 and May 1, 2015, inclusive:
_______________, _____________________, ________________________
II.

Release

I understand that in exchange for the consideration provided for in this Settlement, upon entry of the Final
Approval Order and Judgment, and as set forth more fully in the Settlement Agreement, I shall have fully,

Questions? Call 1-8XX-XXX-XXXX or visit www.CardServicesSettlement.com

Case 3:15-cv-02436-LB Document 41-4 Filed 04/06/16 Page 21 of 21

finally, irrevocably, and forever released Vantiv, Inc., Vantiv Holding, LLC and Vantiv, LLC and, for
each, its past or present direct and indirect parents, affiliates and subsidiaries (whether or not wholly
owned) and their respective directors, officers, employees, agents, insurers, shareholders, members,
attorneys, advisors, consultants, representatives, partners, affiliates, related companies, parents,
subsidiaries (whether or not wholly owned), joint ventures, divisions, predecessors, successors, and
assigns and each of them (collectively, the “Released Parties”) from any and all liabilities, claims, causes
of action, damages (whether actual, compensatory, statutory, punitive or of any other type), penalties,
costs, attorneys’ fees, losses, or demands, whether known or unknown, existing or suspected or
unsuspected, that were or reasonably could have been asserted based on the factual allegations contained
in the First Amended Complaint in the matter of Nguyen v. Vantiv, Inc., et al, USDC ND CA Case No.
3:15-cv-02436-LB, or relate to or arise out of the alleged recording, monitoring, or eavesdropping upon
telephone calls made to Defendants or any of the other Released Parties before May 1, 2015 (collectively,
the “Released Claims”). The Released Claims include, but are not limited to, claims that were or
reasonably could have been asserted based on the factual allegations contained in the First Amended
Complaint alleging violation of any law prohibiting or regulating the monitoring, recording or
eavesdropping on telephone calls without the consent of all parties, including but not limited to any
claims under California Penal Code §§ 631, 632, 632.7 and 637.2. The Released Claims also include but
are not limited to claims under any other California or federal statute, code, rule or regulation that
regulates or restricts the monitoring, recording or eavesdropping on telephone calls. The Released Claims
do not cover any telephone calls made by Settlement Class Members to Defendants’ clients that were not
routed to Defendants’ contact center.

III.

Certification

By my signature below, I certify to my best honest belief, that I called one of the 28 toll-free
telephone numbers at issue in this settlement, as described above and in the Settlement Class
Notice, at least once between January 24, 2014 and May 1, 2015, inclusive, while residing and
physically located in California and spoke with a representative.
Dated:

/

/
Print Name

Signature

Questions? Call 1-8XX-XXX-XXXX or visit www.CardServicesSettlement.com