Armstrong v Codefied Inc.

Frequently Asked Questions

  1. Why is there a notice?
  2. What is this litigation about?
  3. What is the Telephone Consumer Protection Act?
  4. Why is this a class action?
  5. Why is there a settlement?
  6. Who is included in the Settlement?
  7. What if I am not sure whether I am included in the Settlement?
  8. What does the Settlement provide?
  9. How do I file a Claim?
  10. When will I receive my payment?
  11. How do I get out of the Settlement?
  12. If I do not exclude myself, can I sue the Defendant for the same thing later?
  13. What am I giving up to stay in the Settlement Class?
  14. If I exclude myself, can I still get a payment?
  15. Do I have a lawyer in the case?
  16. How will the lawyers be paid?
  17. How do I tell the Court if I do not like the Settlement?
  18. What is the difference between objecting and asking to be excluded?
  19. When and where will the Court decide whether to approve the settlement?
  20. Do I have to attend the hearing?
  21. May I speak at the hearing?
  22. What happens if I do nothing at all?
  23. How do I get more information?
  1. Why is there a notice?

    A Court authorized this notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Clifford Armstrong, individually and on behalf of all others similarly situated, v. Codefied Inc., E.D. Cal. Case no. 2:19-cv-00239(JAM), and about all of your options before the Court decides whether to give Final Approval to the Settlement. This notice explains the lawsuit, the Settlement, and your legal rights.

    Judge John A. Mendez of the United States District Court, Eastern District of California is overseeing this case. The person that sued, Clifford Armstrong, is called the “Plaintiff.” Codefied Inc., d/b/a Housecall Pro, is called the “Defendant.”

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  2. What is this litigation about?

    The lawsuit alleges that Codefied violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), based on autodialed calls and/or texts to individuals without their consent made by Codefied or on its behalf. The lawsuit seeks actual and/or statutory damages under the TCPA on behalf of the named Plaintiff and similarly situated classes of individuals in the United States.

    Codefied denies each and every allegation of wrongdoing, liability and damages that was 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 Plaintiff’s Complaint, the Settlement Agreement, and other case-related documents are posted on this website. 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 as the “TCPA”) is a federal law that restricts unsolicited autodialed calls and text messages.

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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 Clifford Armstrong) sues on behalf of himself and other people with similar claims. All of the people who have claims similar to Plaintiff’s are members of the Settlement Class, except for those who exclude themselves from the class.

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  5. Why is there a settlement?

    The Court has not found in favor of either Plaintiff or Codefied. 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 Members will receive the benefits described in this notice. Codefied denies all legal claims in this case, but is settling to avoid the uncertainties and costs attendant with litigation. Plaintiff and its 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 individuals or entities in the United States who, from March 28, 2015 to tOctober 22, 2019, received one or more telephone calls or texts concerning Codefied’s (d/b/a Housecall Pro’s) goods or services from or on behalf of Defendant.

    Excluded from the Settlement Class are (A) Defendant, Defendant’s officers, Defendant’s directors, and their immediate family members; (B) Class Counsel; and (C) the Judges who have presided over the Litigation and their immediate family members.

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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, visit this settlement website. You also may send questions to the Settlement Administrator at Codefied Settlement Administrator, PO Box 43503, Providence, RI 02940-3503 or at info@HCPTCPAsettlement.com.

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  8. What does the Settlement provide?

    Codefied has agreed to fund a Settlement Fund totaling $2,200,000. The Settlement Fund will be used to pay all settlement costs, including settlement administration costs, any attorneys’ fees, costs, and expenses awarded to Class Counsel by the Court, any service award awarded to the Class Representative by the Court, and all Approved Claims. Members of the Settlement Class who submit Approved Claims shall receive a pro rata share of the Settlement Fund minus a pro rata share of Settlement Costs. Only Approved Claims will be paid. Only one claim per telephone number will be validated and deemed an Approved Claim.

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  9. How do I file a Claim?

    If you qualify for a cash payment you must complete and submit a valid Claim Form. You can file your Claim Form online here, or send it by U.S. Mail to the address below. The deadline to file a Claim online is 11:59 p.m. EST on January 20, 2020.

    Claim Forms submitted by mail must be postmarked on or before January 20, 2020 to:

    Codefied Settlement Administrator
    PO Box 43503
    Providence, RI 02940-3503

    No matter which method you choose to file your Claim Form, please read the Claim Form carefully and provide all the information required. Only one claim per telephone number will be validated and deemed an Approved Claim.

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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 “Final Approval Hearing” below). 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?

    To exclude yourself from the Settlement, you must send a timely letter by mail to:

    Codefied Settlement Administrator
    PO Box 43503
    Providence, RI 02940-3503

    Your request to be excluded from the Settlement must be personally signed by you, be dated, include your full name (or, if a business, business name), address, and the telephone number that allegedly received a call or text by or on behalf of Codefied, and must clearly state that you wish to be excluded from the Litigation and the Agreement. Absent excluding yourself or “opting-out” you are otherwise a member of the Settlement Class.
    Your exclusion request must be postmarked no later than January 6, 2020. You cannot ask to be excluded on the phone, by email, or at the website. Opt outs must be made individually and cannot be made on behalf of other members of the Settlement Class.

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

    No. Unless you exclude yourself, you give up the right to sue Codefied or any of the Released Parties for the claims that the Settlement resolves. You must exclude yourself from this Settlement 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 Codefied or any of the Released Parties 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 is available on the Case Documents page. The Settlement Agreement provides more detail regarding the Release and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firm representing the Class (Class Counsel) listed in Question 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 the case?

    The Court has appointed Avi R. Kaufman and Rachel E. Kaufman of Kaufman P.A. and Stefan Coleman of Law Offices of Stefan Coleman, LLC as “Class Counsel” to represent all members of the Settlement Class. 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 attorneys’ fees in an amount not to exceed one-third of the Settlement Fund, plus reimbursement of out-of-pocket expenses incurred in the litigation up to $15,000. 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 also will request that a service award not to exceed $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 member of the Settlement Class (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 caption or title that identifies it as “Objection to Class Settlement in Armstrong v. Codefied Inc., No. 2:19-cv-00239-JAM”;

    2) Your name, address, and telephone number;

    3) The name, address, and telephone number of any attorney for you with respect to the objection;

    4) The factual basis and legal grounds for the objection, including any documents sufficient to establish the basis for your standing as a Settlement Class Member, including the date(s) and phone number(s) at which you received call(s) and/or text(s) covered by this Settlement; and

    5) Identification of the case name, case number, and court for any prior class action lawsuit in which the you and/or your attorney (if applicable) has objected to a proposed class action settlement.

    If you wish to object, you must file your objection with the Court (using the Court’s electronic filing system or in any way the Court accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by January 6, 2020:

    Settlement Administrator Class Counsel Defendant’s Counsel

    Codefied Settlement Administrator

    P.O. Box 43503

    Providence, RI 02940-3503

    Avi R. Kaufman

    KAUFMAN P.A.

    400 NW 26th Street

    Miami, Florida 33127

    Elyse D.Echtman

    Orrick

    51 W. 52nd St.

    New York, NY 10019

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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 February 11, 2020 at 1:30 p.m. The hearing may be moved to a different date or time without additional mailed 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. You are welcome to attend the hearing at your own expense.

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  21. May I speak at the hearing?

    If you attend the Final Approval Hearing, you may ask the Court for permission to speak if you so choose. However, 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 member of the Settlement Class 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 notice summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement on the Case Documents page. You also may write with questions to Class Counsel at the address above or the Settlement Administrator at Codefied Settlement Administrator, PO Box 43503, Providence, RI 02940-3503, or at info@HCPTCPAsettlement.com.

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