Esparza v. SmartPay Leasing, Inc.

United States District Court for the Northern District of California
Case No. 17-cv-3421-WHA

      All persons within the United States (I) to whose cellular telephone number (II) SmartPay Leasing sent a text message (III) using its vendor Twilio, Inc.'s platform (IV) from September 29, 2015 to June 13, 2017, (V) after texting the word "STOP."


•  A Settlement has been reached in a class action lawsuit alleging that SmartPay Leasing ("SmartPay") is liable under the Telephone Consumer Protection Act for allegedly unauthorized text messages sent to consumers' cellular telephones via Twilio Inc.'s text messaging platform.

•  The Defendant has agreed to pay $8,679,000 (the "Settlement Fund") to settle the lawsuit. After deducting costs of notice and claims administration, attorneys' fees and litigation costs, and an incentive award to the Class Representative, the remaining amount will be divided on a pro rata basis (equally) among everyone that does not opt-out of the Class.

•  Your legal rights are affected regardless of whether you do or do not act.


YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

Do Nothing

If you do nothing, you will remain a Class Member and will receive a payment if the Court finally approves the Settlement. You will lose your right to file your own separate lawsuit against Defendant about any text messages you may have received after texting Defendant the word "STOP," and you will be bound by the Settlement.


Exclude Yourself from the Settlement

This is the only option that allows you to be part of any other lawsuit against the Defendant, SmartPay, for the legal claims made in this lawsuit and released by the Settlement Agreement.

Deadline:

December 16, 2019

Object to the Settlement

Write to the Court with reasons why you do not like the Settlement.

Deadline:

December 16, 2019

Participate in the Hearing

Ask the Court for permission for you or your attorney to appear and be heard at the Final Approval Hearing.

Hearing Date:

January 16, 2020


           

This website is authorized by the Court, supervised by counsel, and controlled by the Claims Administrator who has been approved by the Court. This is the only authorized website for this case. For more information please call (844) 412-1943

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Important Dates

  • Exclusion Deadline

    Monday, December 16, 2019

    You must complete and mail your request for exclusion so that it is postmarked on or before Monday, December 16, 2019.

  • Objection Deadline

    Monday, December 16, 2019

    You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Monday, December 16, 2019.

  • Final Approval Hearing Date

    Thursday, January 16, 2020

    The Final Approval Hearing is scheduled for Thursday, January 16, 2020 at 11:00 A.M. PT. Please check this website for updates.

Important Documents

Having Trouble?

Having trouble opening .pdf files? You can download Acrobat Reader  for free from www.adobe.com.

Copyright © 2019 Heffler Claims Group - All Rights Reserved. This site designed and developed by Heffler Claims Group - Privacy Policy