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Settlement Home Page

IF YOU HELD AN ARIZONA FAX NUMBER IN 1999 YOU MAY BE ENTITLED TO RECOVER MONEY

CLAIM FORMS MUST BE MAILED BY SEPTEMBER 26, 2011

REQUESTS FOR EXCLUSION MUST BE MAILED BY SEPTEMBER 15, 2011

THE DEADLINE FOR OBJECTIONS TO BE RECEIVED IS SEPTEMBER 15, 2011

What is this lawsuit about?

In September 1999 United Artists Theatre Circuit, Inc. ("UA") and American Blast Fax, Inc. ("ABF") sent a fax advertising discount movie tickets to phone numbers in Maricopa County, Arizona.

Plaintiff filed a class action lawsuit against UA and ABF alleging such facsimile advertising violated the Telephone Consumer protection Act, 47 U.S.C. § 227. The Court certified the class, which consists of those who received the fax.

What does the Settlement provide?

Plaintiff has entered into a proposed settlement with UA (the "Settlement"). The Settlement creates a fund in excess of $6.8 million to pay class members, costs of suit, attorneys' fees and class representative incentive awards.

If you held (as of September 1999) one or more fax numbers on the list used to send the facsimile advertisement, you may be entitled to receive money pursuant to the Settlement or, if the Settlement is not approved by the Court, through continued litigation in the case. You could potentially receive as much as $500 per facsimile number that you held from the Settlement.

To determine if your fax number is on the list, you should visit the lookup section of this website or call or write to us.

What are my choices?

  • File Claim - If you wish to stay in the class and potentially receive money through the Settlement or, if the Settlement is not approved, through continued litigation of the case, then you must file a Claim Form by September 26, 2011. If you stay in the class, all of the Court's orders will apply to you, and you will not be able to sue on your own for the fax advertisement.
  • Ask to be Excluded - If you do not want to be a part of the class and want to keep the right to sue on your own, then you must exclude yourself from the class. If you exclude yourself, you will not be eligible to receive any money from the Settlement or, if the Settlement is not approved, through continued litigation of the case. To exclude yourself, you must complete an Exclusion Form and mail it to the address listed below by September 15, 2011.
  • Do Nothing - If you do nothing, you will remain in the class and lose your right to sue on your own for the fax advertisement, but you will not receive any money.
  • Appear In The Lawsuit - If you do not exclude yourself, you may - but are not required to - appear and speak in the lawsuit on your own or through your own attorney.

May I object to the Settlement?

If you do not exclude yourself, you may object to the proposed Settlement. The Court will hold a hearing on September 26, 2011 at 1:30 pm (201 West Jefferson, Courtroom 704, Phoenix, Arizona 85003) to decide whether to approve the Settlement, how much to award class counsel for fees and costs, and how much to give the class representatives as an incentive award for bringing this case. You may ask to appear at the hearing, but you don't have to. Your objection must be received by September 15, 2011.

How do I get more information?

For more information, please review the Full Notice on this website. You may also call or write us for more information.