In Re: Monitronics International, Inc. Telephone Consumer Protection Act Litigation

Frequently Asked Questions

  1. What is the Notice and why should I read it?
  2. What is the lawsuit about?
  3. Why is there a Settlement?
  4. How do I know if I am part of the Settlement?
  5. What does the Settlement provide?
  6. How much will my payment be?
  7. How do I make a claim?
  8. When will I get my payment?
  9. What am I giving up to get a payment or stay in the Settlement Class?
  10. 10. How do I get out of the Settlement?
  11. If I don’t exclude myself, can I sue Monitronics for the same thing later?
  12. If I exclude myself, can I get anything from this Settlement?
  13. Do I have a lawyer in this case?
  14. How will the lawyers be paid?
  15. How do I object to the settlement?
  16. What’s the difference between objecting and excluding myself from the settlement?
  17. When and where will the Court hold a hearing on the fairness of the settlement?
  18. Do I have to come to the hearing?
  19. May I speak at the hearing?
  20. What happens if I do nothing at all?
  21. Are there more details about the settlement?
  22. How do I get more information?
  1. What is the Notice and why should I read it?

    The purpose of the Notice is to let you know that a proposed settlement has been reached in the class action

    lawsuit entitled In Re: Monitronics International, Inc. Telephone Consumer Protection Act Litigation, Case No.

    1:13-md-02493, pending in the U.S. District Court for the Northern District of West Virginia. You have legal

    rights and options that you may act on before the Court decides whether to approve the proposed settlement.

    Because your rights will be affected by this settlement, it is extremely important that you read the Notice

    carefully. The Notice summarizes the settlement and your rights under it.

    Top

  2. What is the lawsuit about?

    In a class action, one or more people, called Class Representatives (in this case, Jason Bennett, Philip J.

    Charvat, Scott Dolemba, Michael and Janet Hodgin, and Diana Mey), sue on behalf of people who have similar

    claims. All of these people are a class, or class members. One court resolves the issues for all class members,

    except those who exclude themselves from the class.

    Here, the Class Representatives claim that, on or after May 18, 2007, Monitronics violated the Telephone

    Consumer Protection Act ("TCPA") when Monitronics, its Authorized Dealers, or an Authorized Dealer’s lead

    generator or sub-dealer made telemarketing calls to cell phones through the use of an automatic telephone

    dialing system or an artificial or prerecorded voice and to residential phones through the use of an artificial or

    prerecorded voice, and to telephone numbers that were listed on the National Do-Not-Call Registry. The Class

    Representatives claim that Monitronics, its Authorized Dealers, or an Authorized Dealer’s lead generator or

    sub-dealer did not have the recipients’ permission to make these calls.

    The Court has certified a class for settlement purposes only (the "Settlement Class"). U.S. District Court Judge

    John Preston Bailey (the "Court") is in charge of this class action. Monitronics denies that it made any telemarketing calls, did anything wrong, and denies that this case would be certified as a class action in litigation.

    

    Top

  3. Why is there a Settlement?

    The Court did not decide in favor of the Plaintiffs or Monitronics. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The Class Representatives and their attorneys think the settlement is best for the Settlement Class.

    Top

  4. How do I know if I am part of the Settlement?

    You are in the "Settlement Class" if, on or after May 18, 2007, you received a telemarketing call from a Monitronics Authorized Dealer, or an Authorized Dealer’s lead generator or subdealer:

    • On a cellular telephone using an automatic telephone dialing system or prerecorded voice; or
    • On a residential telephone using an artificial or prerecorded voice; or
    • Two or more times within a twelve-month period on a residential telephone number that was on the National Do-Not-Call Registry.

    The Settlement Class does not include any persons who validly request exclusion from the Settlement Class, as described under FAQ 10. A person who does not exclude him or herself is a "Settlement Class Member."

    If you have questions about whether you are part of the Settlement Class, you may call 1-844-660-2214 or write to the Settlement Administrator at:

    Monitronics Settlement Administrator

    P.O. Box. 404035

    Louisville, KY 40233-4035

    Top

  5. What does the Settlement provide?

     Monitronics has agreed to pay $28,000,000 to be divided among all Settlement Class Members who send in a valid Claim Form after any fees, costs, incentive awards, and settlement administration expenses have been deducted.

    Top

  6. How much will my payment be?

    Your share of the settlement will depend on the total number of Claim Forms that Settlement Class Members submit. Class Counsel estimate you will receive approximately $15-$25 per claim, but this is only an estimate.

    Top

  7. How do I make a claim?

    To qualify for payment, you must submit a Claim Form by February 20, 2018. You may submit a Claim Form online here. You also may download a paper Claim Form here or call the Settlement Administrator at 1-844-660-2214 to request a paper Claim Form. Claim Forms sent by mail must be postmarked by February 20, 2018 and mailed to:

    Monitronics Settlement Administrator

    P.O. Box. 404035

    Louisville, KY 40233-4035

    

    Top

  8. When will I get my payment?

    The Court will hold a hearing on April 5, 2018 to decide whether to approve the settlement. If the settlement is approved, appeals may still follow. It is always uncertain whether these appeals can be resolved, and resolving them can take more than a year. Please be patient.

    Top

  9. What am I giving up to get a payment or stay in the Settlement Class?

    Unless you exclude yourself, you are staying in the Settlement Class and you will be a Settlement Class Member. That means you can’t sue, continue to sue, or be part of any other lawsuit against Monitronics regarding the TCPA claims that are subject to the settlement. If the settlement is approved and becomes final and not subject to appeal, then you and all Settlement Class Members release all Released Claims against all Released Parties. It also means that all of the Court’s orders will apply to you and legally bind you.

    The Settlement Agreement available here describes the claims you are releasing and against whom you are releasing claims in detail, so read it carefully. To summarize, the release includes TCPA claims that arise out of the improper use of an "automatic telephone dialing system" or an "artificial or prerecorded voice" to make telemarketing calls to cellular and residential phones or calling telephone numbers on the National Do-Not-Call Registry without consent by a Monitronics Authorized Dealer, or an Authorized Dealer’s lead generator or subdealer.

    The Settlement Agreement is between Plaintiffs and Monitronics only. By staying in the settlement, you are not releasing any claims for damages you may have against any of the other defendants in the lawsuit entitled In Re: Monitronics International, Inc. Telephone Consumer Protection Act Litigation, Case No. 1:13-md-02493, including defendant Alliance Security, Inc. Be sure to consult a lawyer regarding any claims you may have against Alliance or the other defendants. You also are not releasing any claims you may have against Alarm.com, Inc.

    

    Top

  10. 10. How do I get out of the Settlement?

    To exclude yourself from the settlement, you must send a letter saying that you want to be excluded from the In Re: Monitronics International, Inc. Telephone Consumer Protection Act Litigation settlement. You must sign the letter and include the following statement: "I request to be excluded from the settlement in the Monitronics International action." Please be sure to include your name, address, telephone number, and signature. You exclusion request must be postmarked no later than February 20, 2018, and must be mailed to:

    Monitronics Settlement Administrator

    P.O. Box. 404035

    Louisville, KY 40233-4035

    You cannot exclude yourself on the phone or by fax or email. If you ask to be excluded, you will not get any payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue or continue to sue Monitronics in the future.

    Top

  11. If I don’t exclude myself, can I sue Monitronics for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue Monitronics for the claims that this settlement resolves. If you already have a lawsuit that may relate to the claims being released as part of this class settlement, you should speak to your lawyer in that case immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion deadline is February 20, 2018.

    By remaining in the Settlement Class, you do not give up your right to sue Other Defendants in the lawsuit.

    Please consult a lawyer regarding your right to seek relief from the Other Defendants.

    

    Top

  12. If I exclude myself, can I get anything from this Settlement?

    No. If you exclude yourself, do not submit a claim to ask for a payment.

    

    Top

  13. Do I have a lawyer in this case?

    The Court has appointed Bailey & Glasser LLP, Terrell Marshall Law Group, Broderick & Paronich, P.C., and The Law Office of Matthew P. McCue to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

    Top

  14. How will the lawyers be paid?

    Class Counsel will ask the Court to approve payment of up to $9,333,333 to them for attorneys’ fees, together with approximately $650,000 to cover out-of-pocket expenses. This payment would pay Class Counsel for their time in investigating the facts, litigating the case, and negotiating the settlement. Class Counsel also will request the following service awards for the Plaintiffs: Jason Bennet: $6,012, Philip J. Charvat: $50,000, Scott Dolemba: $3,500, Michael Hodgin: $3,500 Janet Hodgin: $3,500, Diana Mey: $50,000. The Court may award less than these amounts.

    Top

  15. How do I object to the settlement?

    If you are a Settlement Class Member and you do not exclude yourself from the Settlement Class, you can object to the settlement if you don’t like any part of it. You may give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file a written objection with the Court, stating that you object to In Re: Monitronics International, Inc. Telephone Consumer Protection Act. The written objection must (a) contain information sufficient to allow the parties to confirm that you are a member of the Settlement Class; and (b) include a statement of your specific objections, as well as any documents that you would like the Court to consider. You must file the objection with the Court, so that it is received by the Court no later than February 20, 2018.

    In Re: Monitronics International, Inc. Telephone Consumer Protection Act

    Case No. 1:13-md-02493

    Clerk of the Court

    U.S. District Court for the Northern District of West Virginia

    1125 Chapline St.

    Wheeling, WV 26003

    You must also send a copy of your objection to the Settlement Administrator, at the address in FAQ 7, postmarked on or before February 20, 2018.

    Top

  16. What’s the difference between objecting and excluding myself from the settlement?

    Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

    Top

  17. When and where will the Court hold a hearing on the fairness of the settlement?

    The Court will hold the final fairness hearing at 2:00 pm on April 5, 2018 before the Honorable John Preston Bailey in the North Courtroom at the U.S. District Court for the Northern District of West Virginia,

    1125 Chapline St., Wheeling, WV 26003. The purpose of the hearing is for the Court to determine whether the settlement is fair, reasonable, adequate, and in the best interests of the class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the class representatives. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.

    Note: The date and time of the Fairness Hearing may change. Any changes will be posted to this website.

    Top

  18. Do I have to come to the hearing?

    No. Class Counsel will answer any questions the Court may have. But you are welcome to come to the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time, and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.

    Top

  19. May I speak at the hearing?

     If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement Agreement. If you file an objection, as detailed in FAQ 15, and intend to appear at the hearing, you must state your intention to do so in your objection. You cannot speak at the hearing if you exclude yourself or if you fail to state your intention to do so in your objection.

    Top

  20. What happens if I do nothing at all?

    If you do nothing, you won’t get a cash payment from this settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Monitronics about the claims released in this case and by the Settlement Agreement.

    Top

  21. Are there more details about the settlement?

    The Notice summarizes the proposed settlement. More details are in the Settlement Agreement. You may review the Settlement Agreement here. You can also get a copy of the Settlement Agreement by contacting Bailey and Glasser LLP at (304) 340-2287, or Terrell Marshall Law Group at (206) 816-6603.

    Top

  22. How do I get more information?

    You can call 1-844-660-2214 toll free or write to Monitronics Settlement Administrator, P.O. Box 404035, Louisville, KY 40233-4035; to find answers to common questions about the settlement, a Claim Form, plus other information to help you determine whether you are a member of the Settlement Class. You also may contact Bailey and Glasser LLP at (304) 340-2287, or Terrell Marshall Law Group at (206) 816-6603.

    PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.

    

    Top