Overview of the Settlement
Important update: At the Final Fairness Hearing on September 5, 2013, the Court approved the settlement as fair, reasonable, adequate, just, and in the best interests of the Class. On October 9, 2013, the Court also granted Class Counsel’s application for attorneys’ fees and expenses.
The deadline to submit Claims to the Settlement Administrator was December 7, 2013.
Crescencio Galvez, et al. v. Touch-Tel U.S.A., L.P. d/b/a Touch-Tel USA, LLC, Case No. 2:08-cv-05642-RGK (JCx)
Plaintiffs Crescencio Galvez and Guadalupe Galvez in the above lawsuit (the “Galvez Lawsuit”) (“Plaintiffs”) have reached a settlement of their lawsuit against Touch-Tel USA (“Touch-Tel”), for themselves and also on behalf of everyone else (other than certain persons affiliated with Touch-Tel or the Court) who purchased a pre-paid calling card where Touch-Tel was the distributor of the pre-paid calling card, anywhere in the United States, between August 27, 2004 and May 20, 2013 (the “Settlement Class”).
Plaintiffs filed the lawsuit alleging that Touch-Tel distributed or sold pre-paid calling cards without fully disclosing the applicable rates, fees and charges as required by California law, specifically under Cal. Bus. & Prof. Code § 17538.9. This lawsuit seeks damages and restitution of funds that Touch-Tel acquired from Plaintiffs and potential class members as a result of any actions that may violate California’s unfair competition and consumer protection laws, an Order enjoining Touch-Tel from engaging in any conduct that violates such laws, attorneys’ fees, and costs of suit.
Touch-Tel denies these claims, has asserted numerous defenses and has vigorously defended the Galvez Lawsuit. In particular, Touch-Tel contends that customers were provided all relevant information necessary to make an informed purchasing decision. Touch-Tel maintains that the pre-paid calling cards it distributes and sells deliver the promised minutes, subject to the valid disclaimers set forth on the cards themselves and on promotional posters.
What Were My Options?
- SUBMIT A CLAIM. For each Settlement Class Member who did not request to be excluded from (in other words, “opted out” of) the Settlement Class and submitted a claim, Touch-Tel will pay each eligible Claim with a Refund PIN or Calling Card in $2.00 increments that can be used to make telephone calls within the United States and Canada or to the following countries: Mexico, Nicaragua, Guatemala, Ecuador and El Salvador. If you wished to file a Claim, it had to be submitted by December 7, 2013.
- OBJECT TO THE SETTLEMENT. Any member of the Settlement Class had the right to object to the settlement. Any objecting Settlement Class Member must have filed an original of the Settlement Class Member’s objection with the Court by August 15, 2013. Even if you objected to the settlement, you may still be entitled to participate in the settlement. For more information on objecting to the Settlement, see FAQ 8.
- EXCLUDE YOURSELF. If you wished to be excluded from the Settlement Class, you must have sent an opt-out request by mail to the Settlement Administrator. The opt-out request must have been postmarked no later than August 15, 2013.
- DO NOTHING. If you did nothing, you will still be bound by the terms of the settlement, but you will receive no compensation.
Please consult the Notice for more details.
Did the Court Approve the Settlement?
Yes. A Final Fairness Hearing was held on September 5, 2013, at the United States District Court for the Central District of California (Western Division). At the hearing, the Court approved the settlement as fair, reasonable, adequate, just, and in the best interests of the Class. As the settlement received final judicial approval, the Plaintiffs and all Settlement Class Members are deemed to have released all Released Claims. This means that if you did not exclude yourself from the Settlement Class, you will not be able to sue, or join another lawsuit against, Touch-Tel for the claims described.