Hrebenar v. Davis Yulee, LLC

A court authorized a Notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Hrebenar v. Davis Yulee, LLC in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, 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.

Honorable Judge Antonio Arzola, of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, is overseeing this case. The person who sued, Farahnaz Hrebenar, is called the “Plaintiff.” Davis Yulee, LLC d/b/a Davis Chrysler Dodge Jeep Ram of Yulee is called the “Defendant”.

The lawsuit alleges that Defendants sent text messages to Plaintiff’s wireless telephone number without prior express written consent in violation of the Florida Telephone Solicitation Act (“FTSA”) and seeks actual and statutory damages under the FTSA on behalf of the named Plaintiff and a class of all individuals in the United States.

Defendant 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 Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted on the Important Documents page of this Settlement Website, here. The Settlement resolves the lawsuit. The Court has not decided who is right.

The Florida Telephone Solicitation Act (commonly referred to as the “FTSA”) is a Florida law that restricts telephone solicitations and the use of marketing text messages without prior express consent.

In a class action, one person called the “Class Representative” (in this case, Plaintiff) sues on behalf of themselves and other people with similar claims.

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

The Settlement includes all persons who received a text message or call on their cell phone from Defendant. Specifically, the Settlement Class is defined as:

All persons who, (1) were sent a telephonic sales call (call or text message) regarding Defendant’s goods and/or services, (2) using the same equipment or type of equipment utilized to call Plaintiff, from July 1, 2021, through the date of the Settlement Agreement.

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

The Settlement Class excludes the following:

1. the trial judge presiding over this case;
2. Defendant, as well as any parent, subsidiary, affiliate, or control person of Defendant, and the officers, directors, agents, servants, or employees of Defendant;
3. any of the Released Parties;
4. the immediate family of any such person(s);
5. any Settlement Class Member who has timely opted out of this proceeding; and
6. Plaintiff’s Counsel, their employees, and their immediate family.

If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, please call the Claims Administrator at 1-888-520-2773 (Toll-Free) or you may send questions to the Claims Administrator at the following address:

Hrebenar v. Davis Yulee, LLC
FTSA Claims Administrator
P.O. Box 2687
Portland, OR 97208-2687

To fully settle and release claims of the Settlement Class Members, Defendant has agreed to make $875,475.00 (the “Settlement Fund”) available for claims by the Settlement Class Members. The Settlement Fund will also be used to pay for notice and administration costs of the Settlement, attorneys’ fees and expenses incurred by counsel for the Settlement Class, and service award for Plaintiff. Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator equal to their pro rata share of any funds available (up to $225.00 per Settlement Class Member) from the Settlement Fund after all Attorneys’ Fees and expenses, all Notice and Administration Costs, and any Service Award have been paid. Class Claimants will be sent their Claim Settlement Payments to the address they submitted on their Claim Form within 60 days following the Effective Date.

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

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.

The Court held a Final Approval Hearing on July 18, 2023, at 2:00 p.m. at the Eleventh Judicial Circuit of Florida. At this hearing, the Court considered whether the Settlement was fair, reasonable, and adequate.

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 judgment entered by the Court.

The claim filing deadline was August 2, 2023, and has now passed.

If you received an email from noreply@epiqpay.com, it is because you were determined to be eligible for a payment in a class action settlement. By default, individuals eligible for payments will receive a prepayment notification email a few days before they receive an email containing a link to claim their payment. This is normal. If you claim a payment, you will also receive one or more follow up emails from our payment partner, Tremendous, confirming where in the process your payment is. If you do not immediately claim your payment, you may also receive one or more reminder emails.

EpiqPay is the official digital payment platform for Epiq Class Action and Claims Solutions. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay.

Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. As long as you click the ‘Claim Payment’ link before the payment expiration date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner rewards@tremendous.com letting you know your payment is ‘in process’, and eventually you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partner is available on these notifications in case you experience any issues using your card.

Emails regarding digital payments for this matter will commence on September 22, 2023, and digital payments will be available to claim through December 25, 2023. During that window, Epiq digital payment emails were or will be sent from noreply@Epiqpay.com, so please review your inbox for messages from that email address. Due to variability in individual recipient email account SPAM and junk security settings, users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations.

No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end-user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.

Those selecting the check tile option on the EpiqPay payment wall will generally receive a physical check 4-6 weeks after making their selection. Please be patient while we process your request. Processing and postal delivery times for checks may vary.

This website is intended only to be a summary of the terms of the settlement and not the actual Settlement Agreement. The Settlement Agreement, Verified Claim Form, and other court documents may be viewed on the Important Documents page.

Further inquiries can be directed to the Claims Administrator, at 1-888-520-2773 (Toll-Free).

PLEASE DO NOT CALL THE COURT OR THE CLERK’S OFFICE ABOUT THIS SETTLEMENT.