Frequently Asked Questions

1. Why is there a notice?


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 approve the settlement. If the Court approves the settlement, an administrator appointed by the Court will make the payments that the settlement allows. Because your rights will be affected by this settlement, it is extremely important that you read this notice carefully.

If you received a Notice, it is likely because records obtained in discovery indicate you may have received one or more calls during the Class Period from Defendant or one of its Distributors using an automatic telephone dialing system or an artificial or prerecorded voice.

More specifically, the Class is comprised of: “All persons United States who received a telephone call from Defendant or one of its Distributors, on said Class Member’s telephone made through the use of any automatic telephone dialing system or an artificial or prerecorded voice, between July 8, 2011 and March 13, 2018.”

The Court in charge of the case is the United District Court for the Central District of California, and the case is known as Makaron, v. Enagic USA Inc., No. 2:15-cv-05145-DDP-E (C.D. Cal.). The proposed Settlement would resolve all claims in this case. The person who sued is called the “Plaintiff” or “Class Representative,” and the company sued, Enagic USA, Inc. is referred to herein as “Defendant.”




2. What is this class action lawsuit about?


A class action is a lawsuit in which the claims and rights of many people are decided in a single court proceeding. Representative plaintiffs, also known as “Class Representatives,” assert claims on behalf of the entire class.

The Class Representative filed and/or pursued this Action alleging that Defendant violated the TCPA by using an automatic telephone dialing system to telephones without the prior express consent of the recipients and/or using an artificial or prerecorded voice.

Defendant denies that it did anything wrong, or that this case is appropriate for treatment as a class action.




3. Why is there a settlement?


The Court did not decide in favor of the Class Representative or Defendant. Both sides agreed to a settlement instead of going to trial. That way, they avoid the cost of a trial, and the people affected will get compensation. The Class Representative and his attorneys think the Settlement is best for all Class Members.




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


The Court has certified a class action. You are in the Class if you are a person who received a telephone call from Defendant or one of its Distributors through the use of any automatic telephone dialing system or an artificial or prerecorded voice, between July 8, 2011 and March 13, 2018, and you did not consent to receive such calls.

Excluded from the Class are individuals who were not users or subscribers of the specific telephone numbers called during the Class Period, are officers or directors of Defendant or of any Defendant Affiliate, any justice, judge, or magistrate judge of the United States or any State, their spouses, and persons within the third degree of relationship to either of them, or the spouses of such persons, and all persons who validly exclude themselves or opt out of the Class.

If you have questions about whether you are a Class Member, or are still not sure whether you are included, you can call 1-888-662-7142 or test your phone number using the File A Claim button on the home page of this website.




5. What does the settlement provide?


Defendant agreed to pay twelve dollars ($12.00) to each Class Member who submits a valid and timely claim, pay Class Counsel’s attorneys’ fees of up to $1,300,000, pay Class Counsel’s actual costs up to $60,000, pay a service award to the Class Representative of $7,500, and pay costs and expenses of settlement administration. Defendant has also agreed to an injunction regarding its calling practices and compliance with the Telephone Consumer Protection Act.




6. How and when can I get a payment?


Each Settlement Class Member who submits a valid and timely Claim Form will receive Settlement Relief. Settlement Relief is a cash payment of $12.00. Claim Forms must be postmarked or submitted electronically no later than November 14, 2019.

Claims may be submitted electronically via this claim form link, or by mail to:


ENAGIC TCPA SETTLEMENT
c/o Postlethwaite & Netterville
P.O. Box 3518
Baton Rouge, LA 70821


The Court will hold a hearing on January 13, 2020, to decide whether to approve the Settlement. If the Settlement is approved, appeals may still follow. Whether the appeals, if any, can be resolved is uncertain, and resolving them can take time, perhaps more than a year. Please be patient.




10. How will the lawyers and class representatives be paid?


Class Counsel will ask the Court to approve a separate payment of up to $1,300,000.00 to compensate them for attorneys’ fees for investigating the facts, litigating the case, and negotiating the Settlement, plus actual costs up to $60,000.00. Class Counsel will also request an award of $7,500.00 for the Class Representative, as compensation for his time and effort. The Court may award less than these amounts. These payments, along with the costs of administering the Settlement, are to be made by Defendant.




9. Do I have a lawyer in this case?


The Court appointed the Law Offices of Todd Friedman, P.C. and Todd Friedman, Thomas Wheeler, and Adrian Bacon to represent you and other Class Members.

All of these lawyers are called Class Counsel. You will not be charged separately for these lawyers’ services. If you want to be represented by your own lawyer, you may hire one at your own expense.

Additionally, you may enter an appearance through your own attorney if you so desire, but you do not need to do so.




11. How do I tell the Court that I do not think the settlement is fair?


If you are a Settlement Class Member and do not exclude yourself, you can object to the Settlement, or any part of the Settlement, for example if you do not think the Settlement is fair. You can state reasons why you think the Court should not approve it. The Court will consider your views. To object, you must mail a written statement to the Court saying that you object to the proposed Settlement in Makaron v. Enagic USA, Inc., No. 2:15-cv-05145-DDP-E (C.D. Cal.). Be sure to include your full name, address, current phone number, telephone number you believe Defendant called you on, the reasons you object to the Settlement, and whether you intend to appear at the fairness hearing on your own behalf or through counsel. All objections shall identify any lawyer that represents you as to your objection and provide that lawyer’s address and telephone number, but you do not have to have a lawyer. Any documents that you wish for the Court to consider must also be attached to the objection. Your objection to the Settlement must be mailed no later than November 14, 2019 to the following address:

Makaron v. Enagic USA, Inc., No. 2:15-cv-05145-DDP-E (C.D. Cal.)

U.S. District Court, Central District of California

United States Courthouse

350 W. 1st Street

Los Angeles, CA 90012




12. When and where will the Court decide whether to approve the Settlement?


The Court will hold a hearing to decide whether to approve the Settlement. This Fairness Hearing will be held on January 13, 2020 at the United States District Court for the Central District of California, United States Courthouse, 350 W. 1st Street, 6th Floor, Courtroom 9C, Los Angeles, CA 90012. The hearing may be moved to a different date or time without additional written notice, so it is a good idea to check the Settlement Website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to award attorneys’ fees, expenses, and an incentive award to the Class Representative as described above, and in what amounts. If there are objections, the Court will consider them. At or after the hearing, the Court will decide whether to approve the Settlement. We do not know how long it will take the Court to issue its decision. You do not have to come to this hearing, but you may attend at your own expense. However, any Settlement Class Member who fails to object to the Settlement in the manner described in FAQ 11 shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, and shall be foreclosed from seeking any review of the Settlement or the terms of the Agreement by appeal or other means.




13. May I speak at the hearing?


You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must file a notice with the Court saying that you intend to appear at the Fairness Hearing in Makaron v. Enagic USA, Inc., No. 2:15-cv-05145-DDP-E (C.D. Cal.). Be sure to include your full name, address, and telephone number, as well as copies of any papers, exhibits or other evidence that you intend to present to the Court. Your notice of intention to appear must be filed no later than November 14, 2019. Copies of your notice of intent to appear must also be sent to the attorneys for the Plaintiff and Class and to the attorneys for Defendant at the addresses provided below. You cannot speak at the hearing if you exclude yourself from the Settlement or do not file a timely notice of intent to appear.




14. What happens if I do nothing at all?


If you do nothing, and are a Class Member, you will not receive a payment after the Court approves the Settlement and any appeals are resolved. In order to receive a payment, you must submit a claim form. 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 Defendant or any other person having to do with the legal issues in this case.




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


If you are a Class Member, unless you exclude yourself, you will be bound by the release of claims in the Settlement. This means that, if the Settlement is approved, you can’t sue, continue to sue, or be part of any other lawsuit against Defendant or anyone else having to do with TCPA violations arising out of Automatic Calls or Prerecorded Calls made by Defendant between July 8, 2011 and March 13, 2018, and all of the decisions and judgments by the Court will bind you.

For non-emergency calls to a phone number made using an automatic telephone dialing system without the prior express consent of the called party, the TCPA provides for damages of $500 per violation, or up to $1,500 for willful violations, plus an injunction limiting future conduct. However, Defendant has denied that it made any illegal calls to anyone, and in any future lawsuit will have a full range of potential defenses, including that they had prior express consent to make the calls. In addition, the TCPA does not provide for attorneys’ fees to prevailing individual plaintiffs. This Settlement permits class members the opportunity to obtain a smaller amount of money, risk-free.

If you file a Claim Form for benefits or do nothing at all, you will be unable to file your own lawsuit regarding the claims described in this Notice, and you will release Defendant from any liability for the Released Claims defined below and in the Settlement.

Remaining in the Settlement Class means that you, as well as anyone claiming through you such as heirs, administrators, successors, and assigns, relinquish and discharge each and all of the Released Persons from each of the Released Claims (as defined below).

Released Claims: Upon Final Approval, each member of the Class, including the Plaintiff, shall, by operation of the Judgment, be deemed to have fully, conclusively, irrevocably, forever and finally released, relinquished, and discharged the Released Persons from any and all claims, arising out of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., during the Class Period.

The Settlement Agreement (available at the website) provides more detail regarding the release and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Class listed in FAQ 9 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Parties or the Released Claims or what they mean.

The release does not apply to Class Members who timely opt-out of the Settlement.




8. How do I exclude myself from the settlement?


To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from Makaron v. Enagic USA, Inc., No. 2:15-cv-05145-DDP-E(C.D. Cal.). Be sure to include your full name, address, and the phone number(s) at which you were called by Defendant. You must also include a statement that you wish to be excluded from the Settlement and sign the statement. You must mail your exclusion request postmarked no later than November 14, 2019 to:


ENAGIC TCPA SETTLEMENT - EXCLUSIONS
c/o Postlethwaite & Netterville
P.O. Box 3518
Baton Rouge, LA 70821


If you ask to be excluded, you will not get any Settlement Relief, 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) Defendant in the future. Although no other person may exclude you from the Settlement Class, nothing prohibits you from obtaining the assistance of another, such as a lawyer or family member, in preparing or submitting any individual exclusion. A sample exclusion form on the Documents tab of this website.




15. How do I get more information?


This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by calling the Settlement Administrator toll-free at 1-888-662-7142, visiting the "Documents" tab of this website, or by writing to:

ENAGIC TCPA SETTLEMENT
c/o Postlethwaite & Netterville
P.O. Box 3518
Baton Rouge, LA 70821





This website is supervised by Counsel and the Court and is controlled by the Claims Administrator that handles all aspects of the notice program and claims processing. This is the only authorized website for this litigation. Other websites may contain incorrect information about this litigation and should not be relied upon. If you have questions, please contact the Claims Administrator. View the Privacy Policy.