If you received a prerecorded or artificial voice telephone call from Miracle Faith Center, Inc. YOU MAY BE ENTITLED TO CASH PAYMENT under a class action settlement.
Important Dates
- The Action: Brittaney Key (“Plaintiff”) filed a Class Action Complaint against Miracle Faith Center, Inc., doing business as Apostolic Global Church (referenced herein as “Defendant”), on November 18, 2021 asserting claims under the Telephone Consumer Protection Act (“TCPA”). Plaintiff alleges that she and members of the Class received prerecorded and/or artificial voice telephone calls from Defendant without consent. Defendant denies Plaintiff’s allegations that the calls were made without consent or were unlawful whatsoever. Defendant further asserts that it acted in good faith to comply with all relevant laws. The Court has not ruled on the merits of Plaintiff’s claims or Defendant’s defenses. Defendant has agreed to enter into the Settlement, and by doing so has not conceded the truth or validity of any of the claims against it.
- The Class Definition: All persons in the United States who from the four years prior to the filing of this action (1) were called on their cellular telephone number by or on behalf of Defendant; (2) using a prerecorded or artificial voice; (3) for which the Defendant lacks adequate records of express consent. These persons are called “Settlement Class Members.” Excluded from the Class are Defendant, their employees, agents, and members of the judiciary.
- The Settlement Amount: Defendant has agreed to pay $400,000.00 to fund the Settlement, which shall include amounts for (i) all payments to be made to Settlement Class Members, (ii) Notice and Administrative Costs, and (iii) the Approved Attorney Fees, Costs, and Expenses.
- Your rights and options, and the deadlines to exercise them, are explained more fully in the Notice. Your legal rights are affected whether you act or don’t act. Read the Notice carefully. Some of your rights include:
- Your Right to Hire an Attorney: The Court has appointed Ms. Key’s attorneys to act as class counsel. You do not have to pay class counsel. Any Class Member may enter an appearance in this lawsuit through an attorney if the member so desires. You are not required to hire any attorney, however, to exercise your rights, but if you do want to be represented by your own lawyer, you must hire one at your own expense.
- How to Exclude Yourself: To exclude yourself, you must request an exclusion. To be valid, you must mail a written notice of exclusion to the Administrator, so that it is postmarked no later than May 16, 2023 (the “Exclusion Request Deadline”). To exclude yourself, follow the procedures described under Question 13 of the Notice.
- The Binding Effect of a Class Judgement: Unless you exclude yourself, the Court will find you have agreed to the Settlement, and you will be part of the Settlement Class and will be bound by the release of claims in the Settlement. This means that if the Settlement is approved, you cannot pursue or continue to pursue any Released Claim, as explained more fully in the Notice, against Defendant or any other Released Parties, whether on your own or as part of any other lawsuit. It also means that all of the Court’s orders will apply to you and legally bind you. In summary, unless you exclude yourself, the Court will find you have agreed to release Defendant and any other Released Parties, as defined in the Settlement Agreement and Release, from any and all claims that were asserted in the litigation and all claims that relate to or arise from Defendant placing telephone calls with prerecorded messages and/or artificial voice.
- The Final Approval Hearing: The Court will hold a Final Approval Hearing on July 14, 2023 at Room 4 in the United States District Court for the Northern District of Florida, United States Courthouse, One North Palafox St., Pensacola, Florida 32502. At this hearing, the Court must still decide whether the Settlement is fair, reasonable and adequate.
- Failure to Exclude Yourself: If you do not opt-out or exclude yourself from the Settlement by May 16, 2023, you will receive a payment and will give up your rights to pursue or continue to pursue a Released Claim. To exclude yourself, follow the procedures described under Question 13 of the Notice.
- The Court in charge of this case must still 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.
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Class Counsel Contact Information The Weitz Firm, LLC 1515 Market St., #1100 Philadelphia, PA 19102 Telephone 267-587-6240 E-mail: max.morgan@theweitzfirm.com |
Defendant Counsel Contact Information Zaharah Markoe, Esq. Black Srebnick, P.A. 201 South Biscayne Blvd., Suite 1300 Miami, FL 33131 Claims Administrator Contact Information |
| Your Legal Rights and Options in This Lawsuit: | |
|---|---|
| EXCLUDE YOURSELF OR “OPT-OUT” OF THE SETTLEMENT | If you ask to be excluded, you will not receive a payment and may not object to the Settlement. This is the only option that allows you to pursue or continue to pursue a Released Claim against Defendant and/or other Released Parties on your own. The deadline for excluding yourself is May 16, 2023. |
| OBJECT TO THE SETTLEMENT | You may write to the Court about why you believe the Settlement is unfair in any respect, including any requested amounts of attorneys’ fees or expenses. The deadline for objecting is May 16, 2023. If you object, you are still part of the Settlement Class and will receive a payment. If you do not exclude yourself, you will give up your rights to pursue or continue to pursue a Released Claim against Defendant and/or any other Released Parties. |
| DO NOTHING | If you do nothing, you will receive a monetary award if your membership in the class is confirmed, and you will give up your rights to pursue or continue to pursue a Released Claim against Defendant and/or any other Released Parties. |
| GO TO THE FINAL APPROVAL HEARING | 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 set forth in the Notice, see Questions 16 and 21 no later than July 14, 2023. |