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Commonly Asked Questions


1. Why is this notice available?

Answer:

This is a notice of a proposed settlement of class action lawsuits. The settlement will resolve lawsuits that Randy Johnson (“Johnson”), Shelly Toure (“Toure”), and Tony Heard (“Heard”) filed against NSI under the Telephone Consumer Protection Act, 47 U.S.C. § 227. Please read this notice carefully. It explains the lawsuits, the settlement, and your legal rights, including the process for receiving a settlement check, excluding yourself from the settlement, or objecting to the settlement.

2. What is this lawsuit about?

Answer:

Johnson filed a lawsuit alleging that Navient Solutions, Inc. (“NSI”) violated the Telephone Consumer Protection Act, 47 U.S.C. § 227. Toure and Heard filed a similar lawsuit. NSI denies Johnson’s, Toure’s, and Heard’s allegations. The parties have nonetheless agreed to a settlement.

3. Why is this a class action?

Answer:

In a class action, one or more people called “class representatives” file a lawsuit on behalf of people who have similar claims. All of these people together are a “class” or “class members.” The Court accordingly resolves claims for all class members, except for those who exclude themselves from the class.

4. Why is there a settlement?

Answer:

Johnson, Toure, and Heard, on the one hand, and NSI, on the other, have agreed to settle the lawsuits to avoid the time, risk and expense associated with them, and to achieve a final resolution of the disputed claims. Under the settlement, participating class members will obtain a payment in settlement of the claims raised in the lawsuits. Johnson, Toure, and Heard, as well as their attorneys, think the settlement is best for all class members.

5. How do you know if your claims are included in the settlement?

Answer:

This settlement resolves claims on behalf of the following class:

Each person and entity throughout the United States: (a) to whom Navient Solutions Inc. placed one or more telephone calls; (b) directed to a telephone number assigned to a cellular telephone service; (c) by using an automatic telephone dialing system; (d) after Navient Solutions Inc. designated the telephone number to which it placed the call(s) as a wrong number; (e) between May 4, 2011 and January 26, 2017.

6. What does the settlement provide?

Answer:

NSI will establish a settlement fund in the amount of $19,744,650. Out of the settlement fund, NSI will pay:

a. Settlement compensation to the class members;



b. The costs and expenses of administrating the class action settlement;



c. An award of attorneys’ fees in an amount up to one-third of the settlement fund, subject to the Court’s approval;



d. Costs and expenses incurred litigating this matter, not to exceed $55,000, and



e. Service awards to Johnson in an amount up to $25,000, and to Toure and Heard in an amount up to $5,000 each,

Each class member who submitted a timely and valid form will be entitled, subject to the provisions of the settlement agreement, to his or her equal share of the settlement fund as it exists after deducting: the costs and expenses of administrating the class action settlement; the attorneys’ fees, subject to the Court’s approval; the costs and expenses of the litigation, subject to the Court’s approval; and the service awards for Johnson, Toure and Heard, subject to the Court’s approval. How much each class member receives depends on how many people make approved claims. Class counsel estimates that the amount of the cash award may be within the range of $200 to $350.

Any remaining monies from uncashed settlement awards may be redistributed in a second distribution to class members who submitted a valid and timely claim. However, if a second distribution would result in less than $5 per qualifying claimant, the remaining monies will instead be donated to the National Endowment for Financial Education.

7. How can you get a payment?

Answer:

The deadline to submit a claim for was May 26, 2017.

8. When will you be paid?

Answer:

The Court granted final approval of the settlement on July 13, 2017. Settlement checks will be mailed to class members who timely mailed or submitted valid claims on September 20, 2017. If there is an appeal of the settlement, payment may be delayed.

9. What rights are you giving up in this settlement?

Answer:

Unless you excluded yourself from the settlement by May 26, 2017, you will be considered a member of the class, which means you give up your right to sue or continue a lawsuit against NSI over the released claims. Giving up your legal claims is called a release. Unless you formally excluded yourself from the settlement, you released claims you may have against NSI.

For more information on the release, released parties and released claims, you may obtain a copy of the class action settlement agreement by writing to the settlement administrator at:

Johnson v Navient Solutions
c/o Rust Consulting, Inc.
PO Box 2578
Faribault, MN 55021-9578

10. How can you exclude yourself from the settlement?

Answer:

The deadline to exclude yourself from the settlement was May 26, 2017.

11. When and where will the Court decide whether to approve the settlement?

Answer:

The Court approved the settlement at the final fairness hearing on July 13, 2017 at 2:30pm.

12. Do you have to attend the hearing?

Answer:

No. You are not required to attend the hearing. But you are welcome to attend the hearing at your own expense. You cannot speak at the hearing if you have excluded yourself from the class settlement. Once you have excluded yourself, the class settlement does not affect your legal rights.

13. What if you want to object to the settlement?

Answer:

The deadline to object to the settlement was May 26, 2017.

14. By when must you enter an appearance?

Answer:

Any class member who objects to the settlement and wishes to enter an appearance must have done so by May 26, 2017.

15. What if you do nothing?

Answer:

If you do nothing and the Court approves the settlement agreement, you will not receive a share of the settlement fund, but you will release claims you have against NSI related to the allegations in the lawsuits. Unless you exclude yourself from the settlement, you will not be able to sue or continue a lawsuit against NSI over the released claims.

16. What will happen if the Court does not approve the settlement?

Answer:

If the Court does not finally approve the settlement or if it finally approves the settlement and the approval is reversed on appeal, or if the settlement does not become final for some other reason, you will receive no benefits and the lawsuit will continue.

17. Who are the attorneys for Johnson, Toure and Heard?

Answer:

The attorneys are:

Aaron D. Radbil
GREENWALD DAVIDSON RADBIL PLLC
106 E. 6th Street, Suite 913
Austin, TX 78701

Michael L. Greenwald
James L. Davidson
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Rd., Suite 500
Boca Raton, FL 33431

The Court has appointed these attorneys to act as class counsel. You do not have to pay class counsel. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you must hire one at your own expense.

18. Who are NSI’s attorneys?

Answer:

NSI’s attorneys are:

Lisa M. Simonetti
VEDDER PRICE (CA), LLP
1925 Century Park East, Suite 1900
Los Angeles, CA 90067

19. Where can you get additional information?

Answer:

This notice is only a summary of the settlement. All documents filed with the Court, including the full class action settlement agreement, may be reviewed or copied at the United States District Court for the Southern District of Indiana. In addition, pertinent case materials are available at the settlement web site, www.johnsontcpasettlement.com.

If you would like additional information about this matter, please contact:

Johnson v Navient Solutions Settlement Administrator
c/o Rust Consulting, Inc.
PO Box 2578
Faribault, MN 55021-9578

877-740-6998


Please do not call the Judge about this case. Neither the Judge, nor the Clerk of Court, will be able to give you advice about this case. Furthermore, neither NSI nor NSI’s attorneys represent you, and they cannot give you legal advice.

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Please do not contact the Court. Any or all callers will be directed to this website. If you have any questions, please refer to the Commonly Asked Questions and other information posted here.

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