Welcome to the Medgebow v. Checkers Drive-In Restaurants Settlement Website
United States District Court for the Southern District of Florida,
Case No. 9:19-cv-80090
If you received a text message from Checkers after an opt-out request, you may be entitled to a cash payment under a class action settlement.
• Plaintiff alleges that Checkers Drive-In Restaurants, Inc. (“Checkers”) sent text messages after receiving opt-out requests in violation of the Telephone Consumer Protection Act (“TCPA”). Checkers denies Plaintiff’s allegations and denies any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiff’s claims or Checkers’ defenses. By entering into the Settlement, Checkers has not conceded the truth or validity of any of the claims against it.
• Checkers has agreed to make cash payments to the Settlement Class Members and pay for attorneys’ fees and expenses and the Service Award to Plaintiff (the “Settlement Fund”) to fully settle and release claims of persons to whom Checkers sent text messages (the “Settlement Class Members”).
• The Settlement Fund shall be used to pay all amounts related to the Settlement, including payment of up to$450 to Settlement Class Members who submit a valid and timely claim form (“Claim Form”), attorneys’ fees and reasonable expenses approved by the Court, and a Service Award for Plaintiff approved by the Court.
• Your rights and options, and the deadlines to exercise them, are explained in the Full Form Notice available for download on the documents tab here. Your legal rights are affected whether you act or don’t act.
• The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after any appeals are resolved. Please be patient.
| WHAT ARE MY OPTIONS | DUE DATE | |
| DO NOTHING | If you do nothing, you will not receive any monetary award and you will give up your rights to pursue or continue to pursue a Released Claim against Checkers and/or any other Released Parties. | |
| SUBMIT A CLAIM FORM | If you submit a timely and approved Claim Form by August 13, 2019, you will receive a payment and will give up your rights to pursue or continue to pursue a Released Claim, as defined in the Settlement Agreement, against Checkers and/or any other Release Parties. | AUG 13, 2019 |
| OPT OUT | If you ask to be excluded, you will not receive a payment. This is the only option that allows you to pursue or continue to pursue a Released Claim against Checkers and/or other Released Parties on your own. The deadline for excluding yourself is August 13, 2019. | AUG 13, 2019 |
| OBJECT | You may write to the Court about why you believe the Settlement is unfair in any respect. The deadline for objecting is August 13, 2019. Even if you object, to obtain a benefit from this Settlement, you must still submit a Claim Form. If you submit only an objection, you will not receive any benefit from the Settlement, and you will give up your rights to pursue or continue to pursue a Release Claim against Checkers and/or any other Released Parties. | AUG 13, 2019 |
| APPEAR AT THE FINAL APPROVAL HEARING ON SEPTEMBER 17, 2019 | You may ask to speak in Court about the fairness of the Settlement, if you object to the Settlement. To speak at the Final Approval Hearing, you must comply with the requirements no later than August 13, 2019. | SEPT 17, 2019 |