Izor v. Abacus Data Systems Inc., Case No. 4:19-cv-01057-HSG
A Court authorized that Notice because you have a right to know about a proposed settlement of a class action lawsuit known as Paul Izor, individually and on behalf of all others similarly situated, v. Abacus Data Systems Inc., N.D. Cal. Case no. 4:19-cv-01057-HSG, and about all of your options before the Court decides whether to give final approval to the Settlement. This site explains the lawsuit, the Settlement, and your legal rights.
The United States District Court, Northern District of California is overseeing this case. The person that sued, Paul Izor, is called the “Plaintiff”. Abacus Data Systems Inc. is called the “Defendant”.
A copy of the Notice can be found here.Back To Top
The lawsuit alleges that Abacus Data Systems violated the Telephone Consumer Protection Act, 47 USC§ 227 (“TCPA”) based on unsolicited autodialed texts to individuals, some of whom may have been registered on the national Do Not Call registry. The lawsuit seeks actual and/or statutory damages under the TCPA on behalf of the named Plaintiff and similarly situated classes of individuals in the United States.
Abacus Data Systems denies each and every allegation of wrongdoing, liability, and damages that was 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, the Settlement Agreement, and other case-related documents are posted here. The Settlement resolves the lawsuit. The Court has not decided who is right.Back To Top
The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts, among other things, unsolicited autodialed text messages.Back To Top
In a class action, one person called the “Class Representative” (in this case, Plaintiff Paul Izor) sues on behalf of himself and other people with similar claims.
All of the people who have claims similar to Plaintiff’s are members of the Settlement Class, except for those who exclude themselves from the class.Back To Top
The Court has not found in favor of Plaintiff or Abacus Data Systems. Instead, the Parties 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 Members will receive the benefits described in the Notice. Abacus Data Systems denies all legal claims in this case, but is settling to avoid the uncertainties and costs attendant with litigation. Plaintiff and his lawyers think the proposed Settlement is best for everyone who is affected.Back To Top
The Settlement Class includes all regular users or subscribers of numbers assigned to a cellular telephone service, paging service, specialized mobile radio service, radio common carrier service, or any service for which the called party is charged for the call to which a text message was transmitted by Trumpia on behalf of Abacus Data Systems Inc. between February 26, 2015, and August 24, 2020.
Excluded from the Settlement Class are (A) the Judges who have presided over the Litigation and their immediate family members; (B) Defendant, Defendant’s officers, Defendant’s directors, and their immediate family members; and (C) the legal representatives of any such excluded Person(s).Back To Top
If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, you can review these FAQs. You also may call or send questions to the Settlement Administrator at 1-855-917-3577 or info@ADSTCPAsettlement.com.Back To Top
Abacus Data Systems has agreed to fund a Settlement Fund totaling $1,950,000. The Settlement Fund will be used to pay all settlement costs, including settlement administration costs, any attorneys’ fees, costs, and expenses awarded to Class Counsel by the Court, any Service Award awarded to the Class Representative by the Court, and all Approved Claims.
Members of the Settlement Class who submit Approved Claims shall receive a pro rata share of the Settlement Fund minus a pro rata share of settlement costs. Although the exact amount of each Claimant’s share of the Settlement Fund is unknown at this time, the Parties expect each Claimant’s share will be between $400 and $600. Only Approved Claims will be paid.
Only one claim per telephone number will be validated and deemed an Approved Claim.Back To Top
Although the exact amount of each Claimant’s share of the Settlement Fund is unknown at this time, the Parties expect each Claimant’s share will be between $400 and $600. Only Approved Claims will be paid.
Only one claim per telephone number will be validated and deemed an Approved Claim. Payments to eligible Settlement Class Members were mailed on March 22, 2021.Back To Top
In order to receive any payment, you must have submitted a claim form on or before the claim deadline, November 17, 2020.Back To Top
Payments to Settlement Class Members were mailed on March 22, 2021.Back To Top
The exclusion deadline has passed. Your exclusion request must have been postmarked no later that November 17, 2020.Back To Top
No. Unless you excluded yourself before the November 17, 2020 deadline, you gave up the right to sue Abacus Data Systems or any of the Released Parties for the claims that the Settlement resolves. You must have excluded yourself from this Settlement to pursue your own lawsuit.Back To Top
Unless you opted out of the Settlement by the November 17, 2020 deadline, you cannot sue or be part of any other lawsuit against Abacus Data Systems or any of the Released Parties about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you excluded yourself, all of the decisions and judgments by the Court will bind you.
The Settlement Agreement is available here. The Settlement Agreement provides more detail regarding the Release and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firm representing the Class "Class Counsel" listed in FAQ 16 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.Back To Top
No. You will not get a payment from the Settlement Fund if you excluded yourself from the Settlement.Back To Top
The Court has appointed Avi R. Kaufman and Rachel E. Kaufman of Kaufman P.A. (located at 400 NW 26th Street, Miami, FL 33127; telephone number 305-469-5881) and Stefan Coleman of Law Offices of Stefan Coleman, P.A. (located at 11 Broadway, Suite 615, New York, NY 10004; telephone number 877-333-9427) 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.Back To Top
Class Counsel intend to request attorneys’ fees in an amount not to exceed one-third of the Settlement Fund, plus reimbursement of out-of-pocket expenses incurred in the Litigation not to exceed $25,000. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will decide the amount of fees and expenses to award.
Class Counsel also will request that a Service Award not to exceed $5,000 be paid from the Settlement Fund to the Class Representative for his service as representative on behalf of the whole Settlement Class.Back To Top
The deadline to object passed on November 17, 2020.Back To Top
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.Back To Top
The Final Approval Hearing was held on December 17, 2020.Back To Top
The Final Approval Hearing was held on December 17, 2020.Back To Top
If you are a member of the Settlement Class 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.Back To Top
If your award had a backup withholding amount, your gross award amount was over $600. A portion of your award was remitted to the Internal Revenue Service at the time of distribution. You may be entitled to receive a portion of this withholding back from the IRS. A Substitute Form W-9 was enclosed with your check. If you complete this form and return it to the Settlement Administrator prior to December 31, 2021, then you will receive a Form 1099 in January of 2022 with your Social Security number included on the form. If you provide this Form 1099 to the IRS, you may be entitled to receive a portion of the payment that was withheld. If a completed Substitute Form W-9 is not returned prior to December 31, 2021, then your Form 1099 will only contain your name and address. Please speak to your tax advisor for more information on this.Back To Top
If your award had a backup withholding amount, your gross award amount was over $600. You will receive a Form 1099 in January of 2022. If you return the Substitute Form W-9 included with your check before December 31, 2021, then you will receive a Form 1099 in January of 2022 with your Social Security number included on the form. If a completed Substitute Form W-9 is not returned prior to December 31, 2021, then your Form 1099 will only contain your name and address. Please speak to your tax advisor for more information on this.Back To Top
The Settlement Administrator cannot provide individual tax advice. If your award had a backup withholding amount, your gross award amount was over $600. You will receive a Form 1099 in January of 2022. If you provide this Form 1099 to the IRS, you may be entitled to receive a portion of the payment that was withheld. If you complete the Substitute Form W-9 included with your check and return it to the Settlement Administrator prior to December 31, 2021, then your Form 1099 sent to you in January of 2022 will contain your Social Security number. If the Substitute Form W-9 is not returned prior to December 31, 2021, then your Form 1099 will only contain your name and address. Accordingly, you may want to consult a tax advisor for more information.Back To Top
This website 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 here, by contacting Class Counsel Kaufman P.A. at 305-469-5881, by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 1301 Clay Street, Oakland, CA 94612, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. You also may call or write with questions to the Settlement Administrator at 1-855-917-3577, info@ADSTCPAsettlement.com, or at
Abacus Data Systems Settlement Administrator
P.O. Box 3519
Portland, OR 97208-3519
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.Back To Top