If you are a Settlement Class Member, unless you excluded yourself, you will be bound by the release of claims in the Settlement. This means that, if the Settlement is approved, you can’t sue, continue to sue, or be part of any other lawsuit against Cavalry regarding violations arising out of calls Cavalry made to you using the Aspect Ensemble Pro or the Avaya Proactive Contact 5.0 dialing systems between February 8, 2009 and January 26, 2016, and all of the decisions and judgments by the Court will bind you.
For non-emergency calls or text messages to a cell phone number made using an automatic telephone dialing system without the prior express consent of the called party, the TCPA provides for damages of $500 per violation, or up to $1,500 for willful violations, plus an injunction limiting future conduct. However, Cavalry has denied that it is responsible for the Calls, and in any future lawsuit it will have a full range of potential defenses, including that it is not responsible for the calls, that it did not use an automatic telephone dialing system and/or that it had prior express consent to make the calls. This Settlement permits Settlement Class Members the opportunity to obtain a smaller amount of money, risk-free.
If you filed a Claim Form for benefits or did nothing at all, you will be unable to file your own lawsuit regarding the claims described in this Notice, and you will release Cavalry from any liability for the Released Claims defined below and in the Settlement.
Remaining in the Settlement Class means that you, as well as anyone claiming through you such as heirs, administrators, successors, and assigns, relinquish and discharge each and all of the Released Parties from each of the Released Claims (as defined below).
Claims Released: Upon Final Approval, each member of the Settlement Class shall, by operation of the Judgment, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Persons in all capacities, including individual and trustee capacities, from 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 Final Approval, that relate to or arise out of Cavalry’s alleged use of the Aspect Ensemble Pro system or the Avaya Proactive Contact 5.0 system during the Settlement Class Period to make, place, dial or initiate calls, any and all claims for violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 and the regulations promulgated thereunder or related thereto, and any and all claims for violation of any laws of any state that regulate, govern, prohibit or restrict the making, placing, dialing or initiating of calls using an automatic telephone dialing system, an artificial or prerecorded voice, or any automated process or technology.
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 firms representing the Class listed in FAQ No. 10 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Parties or the Released Claims or what they mean.
The release does not apply to Settlement Class Members who timely opted-out of the Settlement. See FAQ No. 9.