Frequently Asked Questions

  1. Why is there a Notice?
  2. What is this litigation about?
  3. What is the Telephone Consumer Protection Act?
  4. Why is this a class action?
  5. Why is there a settlement?
  6. Who is included in the Settlement?
  7. What if I am not sure whether I am included in the Settlement?
  8. What does the Settlement provide?
  9. How do I file a Claim?
  10. When will I receive my payment?
  11. How do I get out of the Settlement?
  12. If I do not exclude myself, can I sue Lexington for the same thing later?
  13. What am I giving up to stay in the Settlement Class?
  14. If I exclude myself, can I still get a payment?
  15. Do I have a lawyer in the case?
  16. How will the lawyers be paid?
  17. How do I tell the Court if I do not like the Settlement?
  18. What is the difference between objecting and asking to be excluded?
  19. When and where will the Court decide whether to approve the Settlement?
  20. Do I have to attend the hearing?
  21. May I speak at the hearing?
  22. What happens if I do nothing at all?
  23. How do I get more information?
  1. Why is there a Notice?

    A court authorized this Notice because you have a right to know about a proposed Settlement of the class action lawsuits known as James Lebowitz v. John C. Heath Attorney at Law, PLLC d/b/a Lexington Law Firm, U.S.D.C. District of New Jersey, No. 3:18-cv-8552-FLW-DEA, Frank Eisenband v. John C. Heath Attorney at Law, PLLC d/b/a Lexington Law Firm, U.S.D.C. District of New Jersey, Case No. 3:17-cv-03404-FLW-DEA; Joshua Elser v. John C. Heath Attorney at Law, PLLC d/b/a Lexington Law Firm, U.S.D.C. Middle District of Florida, Case No. 5:17-cv-00326-BJD-PRL, Cunningham v. Lexington Law Firm, U.S.D.C. District of Utah, Case No. 1:17-cv-00087, Marcelo Pena v. John C. Heath Attorney at Law, PLLC d/b/a Lexington Law Firm, U.S.D.C. Southern District of Florida, Case No. 18-cv-24407-UU and about all of your options before the Court decides whether to give Final Approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

    Judge Ursula Ungaro of the United States District Court for the Southern District of Florida is overseeing this case. The people who sued, including James Lebowitz, Frank Eisenband, Joshua Elser, Marcelo Pena, and Craig Cunningham, are called the "Plaintiffs." Lexington, is called the "Defendant."

    Top

  2. What is this litigation about?

    The lawsuit alleges that Lexington sent autodialed calls and text messages to Plaintiffs’ wireless telephone numbers without prior express written consent in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA") and seeks actual and statutory damages under the TCPA on behalf of the named Plaintiffs and a class of all individuals in the United States.

    Lexington denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.

    The Plaintiffs' Complaints, Settlement Agreement, and other case-related documents are posted on this website under the Case Documents tab. The Settlement resolves the lawsuits. The Court has not decided who is right.

    Top

  3. What is the Telephone Consumer Protection Act?

    The Telephone Consumer Protection Act (commonly referred to as the "TCPA") is a federal law that restricts telephone solicitations and the use of automated telephone equipment without consent from consumers.

    Top

  4. Why is this a class action?

    In a class action, the people called the "Class Representatives" (in this case, Plaintiffs Lebowitz, Eisenband, Elser, Pena, and Cunningham) sue on behalf of themselves and other people with similar claims.

    All of the people who have claims similar to the Plaintiffs’ claims are Settlement Class Members, except for those who exclude themselves from the class.

    Top

  5. Why is there a settlement?

    The Court has not found in favor of either Plaintiffs or Lexington. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described in this Notice. Lexington denies all legal claims in this case. Plaintiffs and their lawyers think the proposed Settlement is best for everyone who is affected.

    Top

  6. Who is included in the Settlement?

    The Settlement includes all persons who received an autodialed call or a text message on their cell phone from Lexington on or after July 12, 2013, through the date of the entry of an order of preliminary approval by the Court. Specifically, the Settlement is defined as:

    Settlement Class No. 1: All persons in the United States : (1) who received a telephone call and/or text message from July 12, 2013 to the date of preliminary approval based on information gathered by one or more of the following third-party lead generators - RTK Media, Inc., Capital Leads, LLC, Fluent, LLC, and Credit Sesame, and (2) the telephone call or text message in (1) resulted in a telephone conversation with a representative of Lexington or a text message that referenced "Lexington Law."

    Settlement Class No. 2: All persons in the United States: (1) who had a telephone conversation with a representative of Lexington, from July 12, 2013 to the date of preliminary approval, wherein the Lexington representative obtained a copy of such person's credit report, (2) who did not sign up for Lexington's credit repair services on that phone call, and (3) who did not opt-out of receiving text messages from Lexington.

    Persons meeting this definition are referred to collectively as the "Settlement Class" and, individually, as "Settlement Class Members."

    Excluded from the Settlement Class are: (i) the district judge and magistrate judge presiding over this case, the judges of the U.S. Court of Appeals for the Eleventh Circuit, their spouses, and persons within the third degree of relationship to either of them; (2) individuals who are or were during the Class Period agents, directors, employees, officers, or servants of Lexington or of any affiliate or parent of Lexington; (3) Plaintiffs’ counsel and their employees, and (4) all persons who file a timely and proper request to be excluded from the Settlement Class.

    Top

  7. What if I am not sure whether I am included in the Settlement?

    If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, review this Settlement Website or call the toll-free number, 1-844-264-8240. You also may send questions to the Settlement Administrator at Lexington Law Firm TCPA Settlement Administrator, P.O. Box 43438, Providence, RI 02940-3438.

    Top

  8. What does the Settlement provide?

    To fully settle and release claims of the Settlement Class Members, Lexington has agreed to make payments to the Settlement Class Members and pay for notice and administration costs of the Settlement, attorneys’ fees and expenses incurred by counsel for the Settlement Class, and service awards for Plaintiffs (the "Settlement Award"). Each Settlement Class Member who timely files with the Settlement Administrator a valid Claim Form will receive a check for $6.15.

    Top

  9. How do I file a Claim?

    If you qualify for a payment, you must complete and submit a valid Claim Form. You may download a Claim Form on this Settlement Website, or request a Claim Form by calling the Settlement Administrator at the toll-free number, 1-844-264-8240. To be valid, a Claim Form must be completed fully and accurately, signed under penalty of perjury, and submitted timely.

    You may submit a Claim Form by U.S. mail, email a Claim Form, or file a Claim Form online. If you send in a Claim Form by U.S. mail, it must be postmarked by May 4, 2020. If you file a Claim Form online, then you must do so by 11:59 p.m. EST on May 4, 2020.

    No matter which method you choose to file your Claim Form, please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.

    Top

  10. When will I receive my payment?

    Payments to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved ( see Question 19 below). If there are appeals, resolving them can take time. Please be patient.

    Top

  11. How do I get out of the Settlement?

    If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Lexington on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself—or it is sometimes referred to as "opting out" of the Settlement Class.

    To exclude yourself from the Settlement, you must send a timely letter by mail to:

    Lexington Law Firm TCPA Settlement Administrator
    P.O. Box 43438
    Providence, RI 02940-3438

    Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a statement that indicates your desire to be "excluded from the Settlement Class" and that, absent excluding yourself or "opting out," you are "otherwise a member of the Settlement Class."

    Your exclusion request must be postmarked no later than February 26, 2020. You cannot ask to be excluded on the phone, by email, or on this website.

    You may opt out only yourself from the Settlement Class.

    Top

  12. If I do not exclude myself, can I sue Lexington for the same thing later?

    No. Unless you exclude yourself, you give up the right to sue Lexington for the claims that the Settlement resolves. You must exclude yourself from the Settlement Class in order to pursue your own lawsuit.

    Top

  13. What am I giving up to stay in the Settlement Class?

    Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against Lexington about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you.

    The Settlement Agreement is available under the Case Documents tab of this website. The Settlement Agreement provides more detail regarding the Releases 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 Settlement Class listed in FAQ 15 for free, or you can, at  your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean. 

    Top

  14. If I exclude myself, can I still get a payment?

    No. You will not get a payment from the Settlement Award if you exclude yourself from the Settlement.

    Top

  15. Do I have a lawyer in the case?

    The Court has appointed the following lawyers as "Class Counsel" to represent all members of the Settlement Class.

    Abbas Kazerounian, Esq.
    Kazerouni Law Group, APC
    245 Fischer Ave,, Suite D1
    Costa Mesa, CA 92626

    Joshua Swigart, Esq.
    Hyde & Swigart
    2221 Camino del Rio S, Suite #101
    San Diego, CA 92108

    Stephen P. DeNittis, Esq.
    DeNittis Osefchen Prince, P.C.
    525 Route 73 North, Suite 410
    Marlton, NJ 08053

    Todd M. Friedman, Esq.
    Law Offices of Todd M. Friedman, P.C.
    324 S Beverly Blvd, Suite 725
    Beverly Hills, CA 90212

    Scott Edelsberg, Esq.
    Edelsberg Law, PA
    20900 NE 30th Ave., Suite 417
    Aventura, FL 33180

    Andrew J. Shamis, Esq.
    Shamis and Gentile, P.A.
    14 NE 1st Avenue, Suite 1205
    Miami, Fl 33132

    Manuel S. Hiraldo, Esq.
    Hiraldo P.A.
    401 E. Las Olas Blvd., Suite 1400
    Fort Lauderdale, FL 33301

    You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense

    Top

  16. How will the lawyers be paid?

    Class Counsel intend to request up to $1,450,000.00 for attorneys’ fees and costs.

    Class Counsel will also request that Service Awards of $2,500.00 be paid to each of the Class Representatives for their services as representatives on behalf of the whole Settlement Class.

    Top

  17. How do I tell the Court if I do not like the Settlement?

    If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object

     to any part of the Settlement. To object, you must timely submit a letter that includes the following:

    1) A heading that includes the case name and case number—James Lebowitz v. John C. Heath, Attorney at Law PLLC d/b/a Lexington Law Firm, U.S.D.C. District of New Jersey, No. 3:18-cv-8552-FLW-DEA, et al.

    2) Your name, address, telephone number, the cell phone number at which you received text messages and/or an autodialed call from Lexington and if represented by counsel, the name, bar number, address, and telephone number of your counsel;

    3) A signed statement stating, under penalty of perjury, that you received one or more text messages and/or autodialed calls from Lexington and are a member of the Settlement Class;

    4) A statement of all your objections to the Settlement, including your legal and factual basis for each objection;

    5) A statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel, and if with counsel, the name of your counsel who will attend;

    6) The number of times your counsel and/or counsel’s law firm have objected to a class action settlement within

    the five years preceding the date that you file the objection, the caption of each case in which counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior objections that were issued by the trial and appellate courts in each listed case;

    7) A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and

    8) Any and all agreements that relate to the objection or the process of objecting—whether written or verbal—between you or your counsel and any other person or entity.

    If you wish to object, you must file your objection with the Court (using the Court's electronic filing system or in any manner in which the Court accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by February 26, 2020.

    Clerk of the Court Class Counsel Defendant's Counsel

    United States District Court for

    the Southern District of Florida

    400 N. Miami Ave

    Miami, FL 33128

    Scott Edelsberg, Esq.

    Edelsberg Law, PA

    20900 NE 30th Ave, Suite 417

    Aventura, FL 33180

    John S. Gibbs III

    Toutman Sanders LLP

    600 Peachtree Street NE, Suite 3000

    Atlanta, GA 30308

    

    Top

  18. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

    Top

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

    The Court has scheduled a Final Approval Hearing on March 31, 2020 at 10:30 a.m. at the United States Courthouse, 400 North Miami Avenue, Room 12-4, Miami, Florida 33132. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this Settlement website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys' fees and expenses and for a Service Award to the Class Representative.

    If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

    Top

  20. Do I have to attend the hearing?

    No. Class Counsel will answer any questions the Court may have. But, you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time to the proper addresses and it complies with all the other requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.

    Top

  21. May I speak at the hearing?

    You may ask the Court for permission to speak at the Final Approval Hearing. To do so, your timely filed objection must include a statement of whether you intend to appear at the Final Approval Hearing (see Question 17 above).

    You cannot speak at the hearing if you exclude yourself from the Settlement.

    Top

  22. What happens if I do nothing at all?

    If you are a Settlement Class Member and do nothing, meaning you do not file a timely Claim, you will not get benefits from the Settlement. Further, unless you exclude yourself, you will be bound by the judgement entered by the Court.

    Top

  23. How do I get more information?

    The Notice summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement under the Case Documents tab of this website. You may also write with questions to the Settlement Administrator at Lexington Law Firm TCPA Settlement Administrator, P.O. Box 43438, Providence, RI 02940-3438 or call the toll-free number, 1-844-264-8240.

    Top