Donde v. Freedom Adventures, LLC, et al.

Case No. 19-cv-60785-RS

United States District Court for the Southern District of Florida

If You Were Sent a Text Message from or on Behalf of Freedom Franchise Systems, LLC, Freedom Adventures, LLC, or an Affiliate or Franchise of These Entities, You May Be Entitled to a Payment from a Class Action Settlement.

Important Dates

October 24, 2020 — Opt Out Deadline. Requests to opt out must be mailed and postmarked by this date.

October 24, 2020 — Objection Deadline. Objections must be filed with the Court and served on the Parties by this date.

October 27, 2020 — Claim Form Deadline. Online claims must be submitted by 11:59 pm (EST) on this date. Mailed claims must be postmarked by this date.

November 3, 2020 at 9:30 a.m. (EST) — Date of Fairness Hearing in the U.S. District Court for the Southern District of Florida.

A Settlement has been reached in a class action lawsuit about whether Freedom Franchise Systems, LLC (“Freedom Franchise”) or Freedom Adventures, LLC (“Freedom Adventures”), and/or their affiliates and franchisees (together, the “Released Parties”), sent text messages to mobile telephone numbers without prior express written consent of the recipients in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). The Released Parties deny the Plaintiffs’ allegations and any wrongdoing.

This Settlement creates a settlement fund of not more than $948,475.50, from which Settlement Class Member claims and other costs and expenses related to the litigation and settlement will be paid, as detailed in the Important Documents about this case.

You are a Settlement Class Member if you received a text message on your cell phone from or on behalf any of the Released Parties between, on, or after March 26, 2015, through June 25, 2020. Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as “Settlement Class Members.” Text messages included in the Settlement will identify “Freedom Boat Club,” “FBC,” and/or a “Freedom Boat Club” or “FBC” website. Specifically, the Settlement is defined as:

All individuals within the United States (i) who received a text message (ii) on his or her cellular telephone number (iii) from short code 77453 or otherwise sent from or on behalf of the Released Parties (iv) from March 26, 2015 through June 25, 2020.

If you are eligible to participate in this Settlement because you received a text message the United States from the Released Parties in the time period specified, you can submit a claim for a cash payment from the Settlement Fund.

Please read the Notice carefully and in its entirety. Your rights may be affected by the Settlement of this Lawsuit, and you have a choice to make now about how to act.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

WHAT IS THIS?

A Settlement has been reached in a class action lawsuit. The lawsuit alleges that the Released Parties sent text messages to Class Members’ wireless telephone numbers without prior express written consent, in violation of federal law. The Released Parties deny the allegations.

SUBMIT A CLAIM FORM BY OCTOBER 27, 2020

This is the only way to receive the benefit of a cash award. By participating in the Settlement, you may be entitled to a cash payment in this Settlement. However, by submitting a claim, or failing to exclude yourself from the Settlement, you will give up any rights to sue the Released Parties separately about the same legal claims in this lawsuit.

Click here to submit a Claim Form online.

Click here to download a Claim Form.

Click here for more detail on what the Settlement provides.

Click here for more detail about the claim process.

OPT OUT FROM THE CLASS BY OCTOBER 24, 2020

If you opt out from the Settlement, you will not be eligible to receive a cash award, but you will keep your right to sue the Released Parties about the same legal claims in this lawsuit.

Click here for more detail about excluding yourself from the class.

OBJECT OR COMMENT BY OCTOBER 24, 2020

You may write to the Court about why you do, or do not, like the Settlement. You must remain in the class to comment in support of or in opposition to the Settlement. Objections and comments must be filed with the Court and served on the Parties by October 24, 2020.

Click here for more detail about objecting or commenting.

APPEAR IN THE LAWSUIT OR ATTEND A HEARING ON NOVEMBER 3, 2020

You may ask to speak in Court about the fairness of the Settlement. Written notice of your intent to appear in the Lawsuit must be filed with the Court and served on the Parties by October 2, 2020. You may enter your appearance in Court through an attorney at your own expense if you so desire.

Click here for more detail about appearing in this lawsuit.

Click here for more detail about attending the final hearing.

DO NOTHING

If you do nothing, you will receive no cash award. You also give up your right to sue the Released Parties on your own regarding any claims that are part of the Settlement.

Click here for more detail about doing nothing.

These rights and options, and the deadlines to exercise them, are further explained in the Notice, which can be viewed by clicking here.

The Court in charge of this case still must decide whether to approve the Settlement. The cash awards will be made available if the Court approves the Settlement and after any appeals are resolved.

If you have any questions, contact the Settlement Administrator by email at info@FBCTCPAsettlement.com. You also may write with questions to the Settlement Administrator at Freedom Franchise Systems, LLC and Freedom Adventures, LLC Settlement Administrator, 1650 Arch Street, Suite 220, Philadelphia, PA 19103, or call the toll-free number at 1-877-969-1958.

PLEASE DO NOT CALL OR WRITE TO THE COURT FOR INFORMATION OR ADVICE.