Notice Of Class Action And Proposed Settlement printable pdf download

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

CONSTRUCTION CONSULTING GROUP, LTD.,

02 CH 7745

Judge McGann

GERSTEN FINANCIAL & INSURANCE, INC.

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT

TO:

All individuals who, on or after November 15, 1998, received an advertising fax from GERSTEN FINANCIAL

& INSURANCE, INC.

PLEASE READ THIS NOTICE CAREFULLY.

THIS IS NOT A NOTICE OF A LAWSUIT AGAINST YOU. IT IS A NOTICE OF A SETTLEMENT

BEING SENT TO YOU BY COURT ORDER.

YOU MAY BENEFIT FROM READING THIS NOTICE.

IF YOU WISH TO RECEIVE A PORTION OF THE CLASS SETTLEMENT

PROCEEDS, YOU MUST RETURN THE FORM AT THE END OF THIS NOTICE.

WHAT THIS LAWSUIT IS ABOUT: Plaintiff filed this action in the Circuit Court of Cook County, Illinois. On

behalf of a putative class, plaintiff alleged that the defendant violated the Telephone Consumer Protection Act, 47 U.S.C.

§227 (“TCPA”), and state law by sending unsolicited facsimile advertisements. Defendant denies plaintiff’s allegations,

and has raised defenses to plaintiff’s claims. Defendant also claims that the TCPA is unconstitutional. Judge McGann

disagreed, but there is no case from the Illinois Appellate or Supreme Courts or the U. S. Supreme Court addressing that

issue.

Judge McGann granted preliminary approval of the settlement, subject to a fairness hearing which will take place on

March 2, 2004 at 11:00 a.m., in Room 2508 of the Circuit Court of Cook County, Illinois, Daley Center, 50 W.

Washington, Chicago, Illinois, 60602.

The Court ordered that you be sent this notice because you appear to be a member of the class as defined above. This

notice explains the nature of the lawsuit and the terms of the settlement and informs you of your legal rights and

obligations.

IN ORDER TO OBTAIN MONETARY BENEFITS OF THIS SETTLEMENT, YOU MUST FILL OUT AND

RETURN THE PROOF OF CLAIM FORM AT THE END OF THIS NOTICE.

NO ADMISSION OF LIABILITY: By settling this lawsuit, Defendant is not admitting that it has done anything

wrong. Defendant expressly denies that it has done anything wrong.

THE PROPOSED SETTLEMENT: Plaintiff and Defendant have agreed to the settlement described below. IF YOU

WISH TO RECEIVE A PORTION OF THE SETTLEMENT PROCEEDS, YOU MUST RETURN THE PROOF

OF CLAIM FORM AT THE END OF THIS NOTICE BY February 24, 2004. If you do not wish to be bound by

the settlement, you must opt-out. If you return your form and the settlement is finally approved, you will be sent a

check for your portion of the settlement.

Recovery to Class Members. Defendant agrees to pay into a Settlement Fund the total sum of $590,000 (the

“Settlement Fund”). Defendant has also agreed to pay an incentive award of $2,000 to the named plaintiff and to pay the

costs of notice and class administration. Attorney’s fees to Class Counsel in the amount discussed below will be paid

from the Settlement Fund. After deduction of attorney’s fees Defendant shall pay from the Settlement Fund to each class

member who: (i) does not opt-out; and (ii) RETURNS THE PROOF OF CLAIM FORM AT THE END OF THIS

Notice Of Class Action And Proposed Settlement