A Court directed that the Notice be sent because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.
Judge Beth L. Freeman of the U.S. District Court for the Northern District of California is overseeing this case. The case is known as Gergetz v. Telenav, Inc., Case No. 5:16-CV-4261-BLF. Mr. Gergetz, the person who sued, is called the Plaintiff/Settlement Class Representative. The company he sued, Telenav, is called the Defendant.
Click here to review a copy of the Notice.Back To Top
In a class action, one or more people called class representatives (in this case, Nathan Gergetz) sues on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the class.Back To Top
This lawsuit alleges that Telenav sent text messages to cellphones in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et. seq. The Settlement Class Representative claims that Telenav sent text messages encouraging recipients to download the “Scout” mobile application to cellphone users who never provided prior express consent. The Settlement Class Representative also claims that Telenav continued sending text messages to cellphone users who had responded with a “STOP” or similar command to prior messages, and that the subsequent messages went beyond merely confirming the opt-out request. Telenav denies the allegations, denies that it violated any law, and has asserted several defenses.
The Court has not determined who is right. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.Back To Top
The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation now rather than, if at all, years from now.Back To Top
You are in the Settlement Class if either of the following apply:
You are a member if you resided in the United States and, between July 28, 2012 and March 5, 2018, received at least one text message including a link to http://scoutgps.com and the language “Download Scout to send notifications,” “Connect with [NAME] by downloading Scout,” “To see [NAME]’s progress and communicate, download Scout,” or “Welcome to Scout! [NAME] is using Scout to talk about, plan, and navigate to Meet Ups.”
You are a member if you resided in the United States and between July 28, 2012 and March 5, 2018, received at least one additional text message other than a message confirming an opt-out request after replying STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to any text message received from any Telenav Number listed below:
For the full definition of the Settlement Class, please see the Settlement Agreement, which is available here.Back To Top
The Settlement provides that Telenav will pay $3,500,000 U.S. dollars (the “Settlement Fund”) into the Settlement Bank Account. The cost to send notice to the Settlement Class and administer the Settlement as well as Court-approved attorneys’ fees and expenses and a Court-approved payment to the Class Representative will come out of this amount (see FAQ 13). The amount remaining after deducting these sums (the “Net Settlement Fund”) will be used to pay the claims of eligible Class Members who submit approved claims.
Class Members who submit Valid Claim Forms and who are part of the No Consent Subclass according to Telenav's records will be eligible to receive one (1) Award Unit from the Net Settlement Fund, up to a maximum of $1,500.00 USD. Settlement Class Members who submit Valid Claim Forms and who are part of the STOP Subclass according to Telenav's records will be eligible to receive five (5) Award Units from the Net Settlement Fund, up to a maximum of $7,500 USD. Settlement Class Members who submit Valid Claim Forms and are members of both Subclasses will be eligible to receive a total of six (6) Award Units from the Net Settlement Fund, up to a maximum of $9,000 USD. All Award Units will be of equal value, and the actual value of each Award Unit will depend upon the number of Valid Claim Forms submitted and approved.Back To Top
If you are member of the Settlement Class and the Court gives final approval to the Settlement, you may be entitled to receive a check for an amount equal to the value of the number of Award Units for which you qualify. The amount of your exact payment cannot be calculated at this time. Your payment will depend on the total number of Valid Claim Forms that are submitted, the cost of the Notice to Class Members and administration of the Settlement, and any Incentive Award to the Class Representative and award of attorneys' fees and expenses to Class Counsel. Any amounts remaining in the Settlement Fund after disbursement of these amounts will be paid to a recipient approved by the Court. The Settlement Class is estimated to include approximately 200,000 cellphone users.
You may only make one claim per cellphone number, regardless of how many messages were received.Back To Top
You should receive a check from the Settlement Administrator within 60-90 days after the Settlement has been finally approved and/or after any appeals have been resolved in favor of the Settlement. The hearing to consider the final fairness of the Settlement will be held before the Honorable Beth Labson Freeman in Courtroom 3 Fifth Floor, Robert F. Peckham Federal Building & United States Courthouse, 280 South 1st Street, San Jose, CA 95113, scheduled for September 6, 2018, at 1:30 pm PDT. All checks will expire and become void 90 days after they are issued.Back To Top
If you are a Settlement Class Member and you want to participate in the Settlement, you must complete and submit a Claim Form, under penalty of perjury, by August 28, 2018. The online Claim Form is available here, or one can be obtained by calling, toll-free, 1-877-646-9240, or by contacting Class Counsel at 1-720-213-0676. The Claim Form can be submitted online or by mail. There is only one claim per cellphone number.Back To Top
If the Settlement becomes final, you will give up your right to sue Telenav for the claims being resolved by this Settlement. The specific claims you are giving up against Telenav are described in Section V of the Settlement Agreement. You will be “releasing” the Defendant and all related people and entities as described in Section II.29 of the Settlement Agreement. Unless you exclude yourself (see FAQ 14, FAQ 15, FAQ 16), you are “releasing” the claims, regardless of whether you submit a Claim Form or not. The Settlement Agreement is available here.
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions, you can talk to Class Counsel listed in FAQ 12 for free, or you can, of course, talk to your own lawyer if you have questions about what this means.Back To Top
If you do nothing, you won’t get any benefits from this Settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendant for the claims being resolved by this Settlement.Back To Top
The Court has appointed Steven Woodrow and Patrick Peluso of Woodrow & Peluso, LLC, and Stefan Coleman of the Law Office of Stefan Coleman, P.A., to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense. You may also enter an appearance though an attorney if you so desire.
If you have questions, you may contact Class Counsel for more information at 1-720-213-0676 or firstname.lastname@example.org.Back To Top
The Settlement Agreement allows Class Counsel to submit a request for reasonable attorneys' fees and costs of up to one-third of the Settlement Fund as fees and expenses for investigating the facts, litigating the case, and negotiating the Settlement in this matter. Class Counsel may seek, and the Court may award, less than this amount. Class Counsel also will apply to the Court for an Incentive Award in the amount of up to $5,000 for the Class Representative for his efforts in bringing the action and assisting throughout the litigation. If approved by the Court, these amounts will be deducted and paid from the Settlement Fund before making payments to Settlement Class Members who submit Valid Claims Forms. The Settlement also requires that all costs and expenses associated with giving notice of and administering the Settlement will be paid from the Settlement Fund before making payments to Settlement Class Members.
If you do not want to participate in this Settlement, or you want to keep the right to sue or continue to sue Defendant on your own, then you must take steps to get out of the Settlement. This is called “excluding yourself” from or “opting out” of the Settlement. If you exclude yourself from the Settlement, you will not be entitled to any relief the Settlement provides.Back To Top
To exclude yourself from the Settlement, you must send a letter (or request for exclusion) by mail stating that you want to be excluded from the Settlement of Nathan Gergetz v. Telenav, Inc., Case No. 5:16-CV-4261-BLF. Your letter or request for exclusion must also include your name, your address, the phone number that allegedly received the relevant text message(s) from a Telenav number, and your signature. You must mail your exclusion request so that it is postmarked no later than August 16, 2018, to the following address:
Gergetz v. Telenav, Inc.
P.O. Box 2995
Portland, OR 97208-2995
You cannot exclude yourself on the phone, by email, or on this website.
The Court will exclude from the Settlement Class any Class Member who timely requests exclusion.Back To Top
No. Unless you exclude yourself, you give up any right to sue Telenav for the claims being resolved by this Settlement.Back To Top
No. If you exclude yourself, do not submit a Claim Form to ask for benefits. You will no longer be eligible to receive a benefit from the Settlement.Back To Top
If you’re a Class Member and you do not exclude yourself, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views before deciding whether to approve the Settlement. To object, you must send a letter stating that you object to the Settlement in Gergetz v. Telenav, Inc., Case No. 5:16-CV-4261-BLF, and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, your cellular telephone number that allegedly received the relevant text message(s), and your signature. You must mail or deliver the objection to the Clerk of the Court at the address below, postmarked no later than August 16, 2018. If you are represented by a lawyer, your lawyer must file your objection or comment with the Court. Include your lawyer’s contact information in the objection or comment.
Clerk of the Court
Robert F. Peckham Federal Building & United States Courthouse
280 South 1st Street
San Jose, CA 95113
Class Counsel will file with the Court and post on the "Important Documents" page, its request for attorneys’ fees two weeks prior to the objection deadline.Back To Top
Yes, you may ask the Court for permission to speak. If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer, you must either say so in your objection, designating it as an “Objection and Notice of Intention to Appear at Final Approval Hearing,” or you must send a letter stating your intent to speak and the Final Approval Hearing to the Clerk of the Court at the address listed in FAQ 17. If submitted separately from your objection, your Notice of Intention to Appear at Final Approval Hearing must include your name, address, telephone number, and your signature. Mail the Notice so that it is postmarked no later than August 16, 2018.Back To Top
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 is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you are excluding yourself from the entire Settlement, so you have no basis to object because the case no longer affects you.Back To Top
The Court will hold the Final Approval Hearing at 1:30 p.m. PDT on September 6, 2018, at the Robert F. Peckham Federal Building & Courthouse, Courtroom 3 - Fifth Floor, 280 South 1st Street, San Jose, CA 95113. The purpose of the hearing will be for the Court to consider whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider the Class Counsel’s request for an award of attorneys’ fees and expenses; and to consider the request for an Incentive Award to the Class Representative. If anyone has asked to speak at the hearing (see FAQ 18), the Court will listen to him or her at that time. The Court will issue its decision after the hearing. We do not know how long it will take for the Court to decide.
The hearing may be postponed to a different date or time without notice, so if you plan to attend it is a good idea to check with Class Counsel by calling 1-720-213-0676 or this website. If, however, you timely object to the Settlement and advise the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of such Final Approval Hearing.Back To Top
No. Class Counsel will answer any questions the Court may have that are directed to the Settlement Class. However, you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.Back To Top
This website summarizes the proposed Settlement. More details are in the full Settlement Agreement, which can be viewed or downloaded here. You also can get a copy of the Settlement Agreement by writing the Settlement Administrator at P.O. Box 2995, Portland, OR 97208-2995. You can call the Settlement Administrator at 1-877-646-9240 or Class Counsel at 1-720-213-0676, if you have any questions. Before doing so, however, please read this website carefully.
Many of the Court papers, including a copy of the Notice, the Settlement Agreement, and the Order for Preliminary Approval are posted here. You also can obtain a copy of the Settlement Agreement or review any other public papers relating to the lawsuit by examining the records of this case, Gergetz v. Telenav, Inc., Case No. 5:16-CV-4261-BLF at the Clerk’s office at the U.S. District Court for the Northern District of California, Robert F. Peckham Federal Building, 280 South 1st Street, Room 2112, San Jose, CA 95113. The Clerk’s Office has the ability to make copies of any such public documents for a fee. Also, all filed documents in the case, including the Settlement document, are available for viewing online for a fee through the Court’s PACER document review system (www.pacer.gov). Any questions that you may have about this Settlement should not be directed to the Court, but should be directed to the Settlement Administrator or Class Counsel.Back To Top
Unless you exclude yourself, you will release Telenav and its predecessors, successors, and its past, present, and future parents, subsidiaries, affiliated companies and corporations, and each of their respective past, present, and future, directors, officers, managers, employees, general partners, limited partners, members, principals, agents, insurers, reinsurers, shareholders, attorneys, advisors, representatives, predecessors, successors, divisions, joint ventures, assigns, vendors, independent contractors, or any other representatives, and each of their respective executors, administrators, successors, assigns, and legal representatives (collectively “Released Parties”) from any and all claims related to unauthorized Download the Scout App Text Messages and ineffective attempts to opt-out of additional text messages from a Telenav telephone number during the Class Period. You will no longer be able to sue, continue to sue, or be part of any other lawsuit against Telenav or any of the Released Parties about these claims. You will be legally bound by all of the Court’s orders relating to the Settlement, as well as the “Released Claims” (see FAQ 24).Back To Top
The “Released Claims” are any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order and Judgment, that arise out of or relate in any way to: (a) the sending of the Download the Scout App Text Messages, or (b) to the sending of at least one additional text message other than a message confirming an opt out request to any person who had replied STOP, QUIT, END, CANCEL or UNSUBSCRIBE to any text message received from a Telenav Number, in either case during the Class Period, including alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“TCPA”), and similar state laws relating to sending of text messages without consent or after revoking consent. The Parties acknowledge and agree that the Settlement does not release any claims held by the States or other governmental entities. The release covers known and unknown claims, and waives rights under California Civil Code Section 1542 and similar statutes. This means that all of the Court’s orders will apply to you and legally bind you. The full terms of the Release are set forth in Section V of the Settlement Agreement available here.Back To Top