A Court authorized the Notice to let you know about a proposed Settlement with the Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.
Judge Richard Seeborg of the U.S. District Court for the Northern District of California is overseeing this class action. The case is known as Lucero v. SolarCity Corp., No. 3:15-CV-05107-RS. The person who sued is called the Representative Plaintiff. The company he sued, SolarCity Corporation, is called the Defendant.
In a class action, one or more people called Class Representatives sue on behalf of a group of people who have similar claims. In this case, these people are together called a “Settlement Class” or “Settlement Class Members.” In a class action, a court resolves the issues for all settlement class members, except for those who exclude themselves from the settlement class. After the Parties reached an agreement to settle this case, the Court recognized it as a case that may be treated as a class action for Settlement purposes.
The lawsuit alleges that the Defendant made marketing calls to consumers for the purpose of offering the Defendant’s products and that the Defendant violated the federal Telephone Consumer Protection Act because some consumers did not agree to receive these calls. The Defendant denies the allegations and maintains that it has strong, meritorious defenses to the claims. The Settlement is not an admission of, and does not establish any, wrongdoing.
The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a settlement. The Class Representative and his attorneys (“Class Counsel”) believe that the Settlement is in the best interests of the Settlement Class Members.
The Court decided that this Settlement includes a Settlement Class of all individuals in the United States, from November 6, 2011 to October 16, 2017, who received from or on behalf of SolarCity (1) one or more calls on their cell phones or (2) at least two telemarketing calls during any 12-month period where their phone numbers appeared on a National or State Do-Not-Call Registry or Solar City’s Internal Do-Not-Call List more than 15 days before the calls. Everyone who fits this description is a member of the Settlement Class.
If you received a postcard about this class action, your phone number may be one of the numbers that was called.
If you did not receive a postcard, you may still be a member of the Settlement Class. Please review a copy of the Notice here.
The calls covered by this Settlement were allegedly made by or on behalf of SolarCity in an attempt to offer SolarCity products.
As part of the Settlement, Defendant has agreed to create a $15,000,000 Settlement Fund. The Settlement Fund will be used to pay all valid claims, costs of administering the Settlement, attorneys’ fees and costs, and any incentive payment to the Class Representative.
Under the Settlement Agreement, Settlement Class Members must request a payment by submitting by mail or online a valid Claim Form saying that they received an unauthorized call and providing all the information requested in the Claim Form. Further details can be found in FAQ 8.
The Settlement creates a claims process. You can file a claim online here, download a copy of the Claim Form here, or call 1-888-865-0824 to request a paper Claim Form be mailed to you. The Claim Form may be submitted online or by U.S. Mail sent to Lucero v. SolarCity TCPA Settlement, P.O. Box 4655, Portland, OR 97208-4655.
If you file a valid Claim Form and your claim is approved, you will receive a single payment. Your payment amount will depend on how many Settlement Class Members submit valid Claim Forms. The Settlement Fund will be divided and distributed equally—sometimes referred to as "pro rata"-to all Settlement Class Members who submit a valid Claim Form after attorneys’ fees, costs and expenses, any award for the Class Representative, and notice and administration costs have been deducted.
The Claim Form requires you to provide your name, address, and the telephone number that you received the call(s) on. You must verify that you received at least one call from or on behalf of SolarCity regarding SolarCity’s products on a United States cellular phone number between November 6, 2011 and October 16, 2017 or received at least two telemarketing calls during any 12-month period between November 6, 2011 and October 16, 2017 and at least 15 days after your phone number was placed on a National, State, or SolarCity’s Do-Not-Call List.
All Claims must be submitted online or postmarked by April 16, 2018.
Yes, you can still file a claim. Please provide at least one of the phone numbers that received a call from or on behalf of SolarCity regarding SolarCity’s products.
The Final Approval Hearing to consider the final fairness of the Settlement is scheduled for January 18, 2018 at 1:30 p.m. If the Court approves the Settlement, and after any Appeals process is completed, eligible Settlement Class Members whose claims were approved will be sent a check in the mail. Please be patient. All checks will expire and become void 90 days after they are issued.
Yes, the Court has appointed lawyer Scott A. Bursor of Bursor & Fisher, P.A and Reuben D. Nathan of Nathan & Associates, APC as the attorneys to represent you and other Settlement Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiff Jose Albino Lucero Jr. to serve as the Class Representative. He is also a Settlement Class Member. You can contact Class Counsel by calling 1-646-837-7150.
You don’t need to hire your own lawyer because Class Counsel is working on your behalf. If you still want your own lawyer, you will have to pay that lawyer. For example, you can ask your lawyer to appear in Court for you at your own expense if you want someone other than Class Counsel to represent you.
Class Counsel will ask the Court for attorneys’ fees, costs, and expenses, totaling up to $5 million, and will also request an award of up to $5,000 each for the Class Representative and two other named plaintiffs from a similar lawsuit. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any award to the Class Representative. The Court may award less than the amounts requested by Class Counsel and the Class Representative, and any money not awarded from these requests will stay in the Settlement Fund to pay Settlement Class Members.
If you do nothing, you will receive no payment under the Settlement, you will be in the Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court. Also, unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendant for the claims being resolved by this Settlement.
If you exclude yourself from the Settlement, you can’t claim any money or receive any benefits as a result of the Settlement. You will keep your right to start your own lawsuit against the Defendant for the claims resolved in this Settlement. You will not be legally bound by the Court’s judgments related to the Settlement Class in this class action.
You can ask to be excluded from the Settlement by sending a letter clearly stating that you want to be excluded from the Settlement in Lucero v. SolarCity Corp., No. 3:15-CV-05107-RS. Your letter must also include your name, address, the phone number that you contend you received the call(s) on, and your signature. You must mail your exclusion request postmarked no later than December 15, 2017 to:
Lucero v. SolarCity TCPA Settlement
P.O. Box 4655
Portland, OR 97208-4655
You can’t exclude yourself via phone, fax, or email.
No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement.
No. If you exclude yourself, do not submit a Claim Form to ask for a payment.
If you are a Settlement Class Member and do not exclude yourself from the Settlement Class, you can object to any part or all of the Settlement. You can give reasons why you think the Court should deny approval by filing an objection. You can’t ask the Court to order a larger Settlement Fund; the Court can only approve or deny the Settlement. If the Court denies approval, no Settlement payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you must object. The Court will consider your views. Your objection and supporting papers must:
The objection shall contain the following information:
If, in addition to submitting a written objection to the Settlement, you wish to appear and be heard at the Final Approval Hearing on the fairness of the Settlement, you must file, by December 15, 2017, a notice of intention to appear with the Court and list the name, address, and telephone number of the attorney, if any, who will appear on your behalf. If you choose to appear at the Final Approval Hearing, you may not raise matters that you could have raised but did not raise in your written objection, and all objections that are not set forth in your written objection may be deemed waived.
Class Counsel will file with the Court and post on this website its request for attorneys’ fees, costs and expenses and incentive awards on December 1, 2017.
|Class Action Clerk
United States District Court
450 Golden Gate Avenue
San Francisco, CA 94102
|Lucero v. SolarCity TCPA Settlement
P.O. Box 4655
Portland, OR 97208-4655
|Class Counsel||Counsel for Defendant|
|Scott A. Bursor
Bursor & Fisher, P.A.
888 Seventh Avenue
New York, NY 10019
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class (i.e., you don’t exclude yourself from the Settlement). Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
The Final Approval Hearing has been set for January 18, 2018 at 1:30 p.m. before the Honorable Richard Seeborg at San Francisco Courthouse, Courtroom 3, 17th floor, 450 Golden Gate Avenue, San Francisco, CA 94102. At the Final Approval Hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive awards to the Class Representative and two other named plaintiffs.
Note: The date and time of the Final Approval Hearing are subject to change by Court order, but any changes will be posted to this website or through the Court’s Public Access to Court Electronic Records (PACER) system at www.cand.uscourts.gov/cm-ecf.
No. Class Counsel will answer any questions the Court may have, but you are welcome to come at your own expense. If you send an objection, you don’t have to come to court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay another lawyer to attend, but you don’t have to.
If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed Settlement by asking to speak in your objection by following the instructions in FAQ 19.
This website summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement, by contacting Class Counsel at 1-646-837-7150, by accessing the Court docket in this case through the Court’s PACER system at www.cand.uscourts.gov/cm-ecf, or by visiting the Office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102 between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding court holidays.
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.