UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case No. 3:19-cv-01608-RS
If you received a call and/or text message from Sunrun Inc., and/or from or on behalf of Media Mix 365, LLC, Resource Marketing Corporation and/or D&M Marketing, Inc. d/b/a Americor,
in an effort to generate leads for Sunrun, you could receive a cash payment from a
class action settlement.
A Federal Court authorized the Notice. You are not being sued. This is not a solicitation from a lawyer.
- A proposed Settlement has been reached in a class action lawsuit called Loftus, et al. v. Sunrun Inc., et al. The lawsuit alleges that telephone solicitations and/or text messages made by or on behalf of Sunrun Inc. (“Sunrun”) violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). Sunrun maintains that it did not make any unauthorized calls and/or send text messages, the lawsuit is without merit, and it was prepared to vigorously defend all aspects of it.
- You are included if, at any time from September 1, 2018 to September 25, 2020, you received from Sunrun, and/or from or on behalf of Media Mix 365, LLC (“Media Mix), Resource Marketing Corporation (“RMC”) and/or D&M Marketing, Inc. d/b/a Americor (“Americor”) in an effort to generate a lead or customer for Sunrun: (a) one or more calls (including text messages) on your cell phone placed via a dialing platform; and/or (b) at least two telemarketing calls (including text messages) during any 12-month period when your phone number appeared on the National Do Not Call Registry for at least 31 days before the calls/texts.
- If the Court approves the Settlement, you may be eligible to 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 Representative Plaintiffs, and notice and administration costs have been deducted.
- Please read the Notice carefully. Your legal rights are affected whether you act or don’t act. These rights and options—and the deadlines to exercise them—are explained in the Notice.
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
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SUBMIT THE CLAIM FORM |
The only way to receive a payment is to submit a Claim Form. By participating in the Settlement, you will be bound by the terms of the Settlement Agreement and will give up certain rights. |
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EXCLUDE YOURSELF BY |
You will receive no payment, but you will retain any rights you currently have to sue Sunrun about the issues in this case. Your request to exclude yourself must be postmarked by January 28, 2021. |
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OBJECT BY |
Write to the Court and explain why you do not like the Settlement. |
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ATTEND A HEARING |
Ask to speak in Court about the fairness of the Settlement. The Court will hold a Final Approval Hearing on May 6, 2021, at 1:30 p.m., which you may attend. |
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DO NOTHING |
You will not get a share of the Settlement benefits and will give up your rights to sue Sunrun about the issues in this case. |
The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided only after any issues with the Settlement are resolved. Please be patient.