A Court authorized this notice because you have a right to know about a proposed Settlement of this class-action lawsuit 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 Matthew Kennelly of the U.S. District Court for the Northern District of Illinois is overseeing this case. The case is known as Wendell H. Stone Company, Inc. v. LKQ Corporation, 1:16-cv-07648. The person who sued is called the Plaintiff/Class Representative. The Defendant is LKQ. The Plaintiff and Defendant are referred to in this notice as the Parties.Top
In a class action, one or more named plaintiffs, called Class Representatives, sue on behalf of a group or a "class" of people who have similar claims. In a class action, the court resolves the issues for all Class Members, except for those who request to be excluded from the Class.Top
This lawsuit alleges that The Coast Distribution System, Inc., later purchased by LKQ, sent fax advertisements in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. The Class Representative claims that LKQ sent the faxes without prior express permission and that the faxes did not contain required opt-out notices. LKQ denies that it violated any laws and asserts several defenses, including that the Class hasn't suffered harm, that members of the Class do not have standing, that it had business relationships with Class Members, that it had express permission from some Class Members, that it could seek a waiver of liability from the Federal Communications Commission, and other defenses.Top
The Court has not decided who is right or whether the Plaintiff or the Defendant would win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation now rather than years from now if at all.Top
You are in the Settlement Class if you were sent at least one fax advertisement from LKQ from July 28, 2012 to the date the notice was sent to the Class, February 15, 2017. If you received a postcard notice, the Parties believe you are a member of the Settlement Class.
For the full definition of the Settlement Class, please see the Settlement Agreement.Top
Defendant has agreed to pay a collective Settlement Fund of and not to exceed $3,266,500. The cost to send notice to the Class and administer the Settlement, as well as attorneys' fees and a payment to the Class Representative, will come out of this amount (see Question 13). The amount remaining after deducting these costs will be used to pay by check even amounts to Class Members who do not request to be excluded.Top
If you are a member of the Class and the Court gives final approval to the Settlement, you may be entitled to receive an equal share of the Settlement Fund. The exact amount of your payment will depend on the number of people who request to be excluded, the costs of notice and settlement administration, any incentive award to the Class Representative, and any award of resonable attorneys' fees. The Class is estimated to include approximately 6,533 fax recipients. Your claim could be equal to several hundred dollars, depending on the costs of the Settlement, the incentive award, and attorneys' fees.
You are eligible for a single payment, regardless of how many faxes were received by your fax machine or the number of fax machines to which faxes were sent.Top
You should receive a check from the settlement administrator within 60 days after the Settlement has been finally approved and any appeals have been resolved in favor of the Settlement. The hearing to consider the final fairness of the Settlement is scheduled for May 4, 2017, at 9:30 a.m. All checks will expire and become void 90 days after they are issued.Top
If you are a Class Member and you want to participate in the Settlement, you need not do anything except keep your address up to date with the Settlement Administrator. You will be sent a check representing your share of the settlement amounts.Top
If the Settlement becomes final, you will give up your right to sue LKQ for the claims being resolved by this Settlement. The specific claims you are giving up against LKQ are described in Section 1.31 of the Settlement Agreement. You will be "releasing" the Defendant and all related people as described in Section 1.32 of the Settlement Agreement. Unless you exclude yourself (see Question 15), you are "releasing" the claims and will receive a payment.
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to Class Counsel listed in Questions 12 and 17 for free or you can, of course, talk to your own lawyer if you have questions about what this means.Top
If you do nothing you still get paid from this Settlement. But, unless you exclude yourself, you won't be able to sue the Defendant for the claims being resolved by this Settlement in a separate lawsuit.Top
The Court has appointed Steven Woodrow and Patrick Peluso of Woodrow & Peluso, LLC and Stefan Coleman of the Law Office of Stefan Coleman to be the lead attorneys representing the Settlement Class. They are called "Class Counsel." They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. Class Counsel will be compensated from the Settlement Fund in this case and you will not incur any out-of-pocket expense for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense. You may also enter an appearance through an attorney if you so desire.Top
Subject to Court approval, Defendant has agreed it will not object to Class Counsel petitioning the Court to award it up to one-third of the Settlement Fund for attorneys' fees and expenses for investigating the facts, litigating the case, and negotiating the Settlement in this matter. Class Counsel is not required to seek this amount and may seek less than this amount. The Court may approve an award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel for attorneys' fees and expenses will be paid out of the Settlement Fund. Class Counsel's Motion for Reasonable Attorneys' Fees will be posted on this website.
Subject to approval by the Court, Defendant has agreed to pay $7,500 to the Class Representative from the Settlement Fund for its services in helping to litigate and settle this case.Top
To excluse yourself from the Settlement, you must send a letter (or request for exclusion) by mail stating that you want to be excluded from Stone & Co. v. LKQ Corporation 1:16-cv-07648. Your letter or request for exclusion must also include your name, your address, the fax number that received the relevant faxes, and your signature. You must mail your exclusion request so that it is postmarked no later than April 11, 2017, to:
Stone & Co. v. LKQ Corporation
P.O. Box 43434
Providence, RI 02940-3434
The Court will exclude from the Class any Class Member who timely and properly requests exclusion.Top
No. Unless you exclude yourself, you give up any right to sue LKQ for the claims being resolved by this Settlement.Top
No. If you exclude yourself, you will not receive payment of any settlement amount. If you don't exclude yourself, you will receive payment.Top
If you are a valid Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. To have the Court consider your objection, you must file and serve a notice of intent to object, together with copies of all papers you propose to submit at the Final Approval Hearing, with the Clerk of the Court. Any objection made by a Settlement Class Member represented by counsel must be filed through the Court's CM/ECF system. You must also send copies of all papers you file with the Court by mail, hand, or overnight delivery service to Class Counsel and LKQ's counsel (at the addresses below). Your notice of intent to object must: (1) include your name and address, (2) set forth all agruments, citations, and evidence supporting the objections (including copies of any documents relied on), (3) state that you are a Class Member, (4) provide the fax number that received the fax(es), and (5) include a statement indicating whether you intend to appear at the Final Approval Hearing and, if so, whether the appearance will be with or without counsel. Your notice of intent to object and all papers you propose to submit at the Final Approval Hearing must be filed with the Court and served on counsel by April 11, 2017.
Notices of intent to object that are filed late or fail to conform to these requirements will not be considered.
Class Counsel will file with the Court and post on this website its request for attorneys' fees and expenses to be awarded two weeks prior to the objection deadline.
The Honorable Matthew Kennelly
c/o Clerk of the Court
219 South Dearborn
Chicago, IL 60604
Woodrow & Peluso, LLC
3900 East Mexico Ave., Ste. 300
Denver, CO 80210
P: (720) 213-0675
F: (303) 927-0809
Matthew A. Bills
Shook, Hardy & Bacon L.L.P.
111 South Wacker Dr.
Chicago, IL 60606
Objecting simply means telling the Court that you don't like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don't want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.Top
The Court will hold the Fairness Hearing at 9:30 a.m. on May 4, 2017, in Courtroom 2103 of the US Courthouse, 219 South Dearborn St., Chicago, IL 60604. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider Class Counsel's request for attorneys' fees and expenses of up to one-third of the Settlement Fund (again, LKQ has agreed not to object to this amount, see Question 13); and to consider the request for an incentive award to Class Representative in the amount of $7,500. At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.
The hearing may be postponed to a different date or time without notice, so it is a good idea to check this website. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Fairness Hearing, you will receive notice of any change in the date of such Fairness Hearing.Top
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 or comment, you don't have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it is not required.Top
This is up to the Judge. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your "Notice of Intent to Appear in Stone & Co. v. LKQ Coporation, 116-cv-07648." It must include your name, address, telephone number, and signature as well as the name and adress of your lawyer, if one is appearing for you. Your Notice of Intent to Appear must be postmarked no later than April 11, 2017, and be sent to the addresses listed in Question 17. You must also state in your objection that you plan on appearing at the hearing.Top
This Notice summarizes the Settlement. More details are in the full Settlement Agreement. You can get a copy of the Settlement Agreement in the Case Documents. You may also write with questions to: Settlement Administrator Stone & Co. v. LKQ Corporation 1:16-cv-07648, P.O. 43434, Providence, RI 02940-3434. You can call Class Counsel at 1-720-213-0675, if you have any questions. Before doing so, however, please read the full Notice carefully. You may also find additional information elsewhere on this website.Top