Software Call Settlement
www.SoftwareCallSettlement.com

Frequently Asked Questions

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1 What is this lawsuit about?

The lawsuit alleges that Infinity placed telemarketing calls on behalf of Nuance to consumers’ cell phones for the purpose of promoting Nuance products. During the calls, Infinity representatives stated that the calls were coming from Nuance, with no mention of Infinity. The lawsuit alleges that Nuance and Infinity violated the federal Telephone Consumer Protection Act because some consumers, including consumers who had placed their cell phone numbers on the Do-Not-Call list, did not agree to receive these calls. Nuance and Infinity deny the allegations and are entering into the Settlement to avoid burdensome and costly litigation. The Settlement is not an admission of, and does not establish any, wrongdoing.

More information about the complaints in the lawsuit and the Defendants’ answers can be found in the Court Documents section of this website.

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2 Why is there a Settlement?

The Court has not decided whether the Plaintiff or the Defendants should win this case. Instead, both sides agreed to a settlement. By settling, both sides avoid the uncertainties and expenses associated with ongoing litigation, and it is possible for Settlement Class Members to receive compensation now rather than, if at all, years from now. The Class Representative and his attorneys (“Class Counsel”) believe that the Settlement is in the best interests of the Settlement Class Members.

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3 How do I know if I am in the Settlement Class?

The Court decided that this Settlement includes a Class comprised of: all individuals who received a call on a United States wireless telephone number from Infinity for the purpose of offering one or more Nuance products between May 8, 2009 and May 12, 2015. Everyone who fits this description is a member of the Settlement Class. Approximately 400,000 individuals meet this description.

If you received a postcard or email about this class action, your cell phone number may be one of the numbers that was called during the Settlement Class Period. If you received one of these calls, one or more of the toll-free numbers listed here will appear as the “sender” in the billing detail section of your cell phone bill. Click here for instructions on how to obtain a copy of your cell phone billing records.

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4 What were the allegedly unconsented calls about?

The calls covered by this Settlement were allegedly made to cellular telephones by Infinity in an attempt to sell Nuance software, such as Dragon® Dictate, Dragon® NaturallySpeaking, PaperPort®, and OmniPage®. The caller, however, would have identified the calls as coming from Nuance, with no mention of Infinity.

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5 What does the Settlement provide?

As part of the Settlement, Defendants and their insurers have agreed to create a $9,245,000 Settlement Fund. The Settlement Fund will be used to pay all valid claims, costs of administering the Settlement, attorneys’ fees, and incentive payment to the Class Representative.

The Settlement provided two ways to request a payment.

First, Settlement Class Members who submitted a valid Short Claim Form saying they received an unauthorized call on their cell phone will be eligible to receive a set payment of up to $170. Further details are provided in the Settlement Notice.

Second, Settlement Class Members who submitted proof that they received multiple unauthorized calls had the option to file a Long Claim Form, along with copies of their cell phone bills showing the number of calls they received. Those Settlement Class Members who submitted a valid Long Claim Form will be eligible to receive up to $65 per unauthorized call. Further details are provided in the Settlement Notice.

Depending on the number of valid claims submitted, the amounts paid may be reduced on a proportional basis.

Defendants have also agreed to take steps related to preventing telemarketing calls to cell phones without the appropriate consent of the recipients, including bi-annual audits to their telemarketing procedures for compliance with the Telephone Consumer Protection Act. These practices shall remain in place for a period of two (2) years.

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6 How do I make a claim?

The Settlement created a claims process with two Claim Forms: a Short Claim Form and a Long Claim Form. You could have submitted one Claim Form or the other, but not both. You could have accessed either Claim Form on this website or by calling the Settlement Administrator at 1 (855) 382-6408. The Claim Forms should have been submitted online or by U.S. Mail sent to:

Software Call Settlement
c/o GCG
PO Box 10175
Dublin, OH 43017-3175

If you filed a valid Short Claim Form, you will receive up to $170 and you did not need to submit additional documents. If you filed a valid Long Claim Form you will receive up to $65 per unconsented call, but you had to provide your cell phone bills for each of the calls you received.

Short Claim Form

The Short Claim Form required you to provide your name, address, the cellular telephone number on which you received the call(s), and your personal claim number (if you received an email or postcard notice). You had to verify that, without your consent, sometime during the Settlement Class Period you received a call to your cell phone from Infinity regarding a Nuance product, or while your cell phone number was on the National Do-Not-Call list and without your consent. If approved, you will receive a set flat payment of up to $170.

Long Claim Form

In addition to providing the information required for submitting a Short Claim Form, the Long Claim Form required you to disclose the number of times you claim Defendants called your cell phone without your consent, or the number of times you claim Defendants called your cell phone without your consent while your number was listed on the National Do-Not-Call list, provide a copy of your wireless cell phone bill(s) showing receipt of these calls, and state that this information is true. Click here to find out how to obtain a copy of your cell phone records from your wireless carrier. Click here to see a list of the toll-free numbers used by Infinity to make the calls at issue, which will appear in the call detail of your cell phone bill(s). If your claim is approved, you will receive up to $65 per call that matches your cell phone bill.

Both Claim Forms required you to affirm that you did not consent to receive these calls. You also must have truthfully provided all of the information requested by the Claim Form. If you consented to receive the call(s) you got from Infinity on your cell phone, you may not be eligible to make a claim and your claim may be rejected. Counsel for Plaintiff or Defendants may also challenge the acceptance or rejection of claims, including challenges to statements you make in a claim form or to your eligibility to make a claim. More information is available in the Settlement Agreement.

All Claim Forms must have been postmarked or received and properly completed by July 19, 2015.

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7 When will I get my payment?

The hearing to consider the final fairness of the Settlement is scheduled for October 13, 2015, at 2:00 p.m. If the Court approves the Settlement, and after any appeals process is completed, eligible Settlement Class Members whose claims were approved will be sent a check in the mail. Please be patient. All checks will expire and become void 90 days after they are issued if uncashed.

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8 Do I have a lawyer in this case?

Yes, the Court has appointed lawyers Jay Edelson, Rafey S. Balabanian, and Benjamin H. Richman of Edelson PC as the attorneys to represent you and other Settlement Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiff William Hopwood to serve as the Class Representative. He is a Settlement Class Member like you.

Class Counsel can be reached by calling 1 (866) 354-3015.

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9 Should I get my own lawyer?

You don’t need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to retain that lawyer. For example, you can ask your lawyer to appear in Court for you if you want someone other than Class Counsel to represent you.

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10 How will the lawyers be paid?

Class Counsel will ask the Court for attorneys’ fees and expenses of up to $2,250,000 and will also request an award of $1,500 for the Class Representative. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any award to the Class Representative. The Court may award less than the amounts requested by Class Counsel and the Class Representative, and any money not awarded from these requests will stay in the Settlement Fund to pay Settlement Class Members.

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11 What happens if I do nothing?

If you do nothing, you will receive no payment under the Settlement, you will be in the Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court. Also, unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendants for the claims resolved by this Settlement.

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12 What happens if I ask to be excluded?

If you exclude yourself from the Settlement, you can’t claim any money or receive any benefits as a result of the Settlement. You will keep your right to start your own lawsuit against Defendants for the same legal claims made in this lawsuit. You will not be legally bound by the Court’s judgments related to the Settlement Class and Defendants in this class action.

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13 How do I ask to be excluded?

You can ask to be excluded from the Settlement. To do so, you must send a letter clearly stating that you want to be excluded from the Settlement in Hopwood v. Nuance Communications, Inc. and Infinity Contact, Inc., Case No. 4:13-cv-02132-YGR. Your letter must also include your name, address, the cell phone number on which you contend you received the call(s), and your signature. You must mail your exclusion request no later than August 3, 2015 to:

Software Call Settlement
c/o GCG
PO Box 10175
Dublin, OH 43017-3175

You can’t exclude yourself via phone, fax or email.

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14 If I don’t exclude myself, can I sue the Defendants for the same thing later?

No. Unless you exclude yourself, you give up any right to sue the Defendants for the claims resolved by this Settlement.

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15 If I exclude myself, can I get anything from this Settlement?

No. If you exclude yourself, do not submit a Short Claim Form or Long Claim Form to ask for a payment.

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16 How do I object to the Settlement?

If you are a Settlement Class Member and you do not exclude yourself from the Settlement Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should deny approval by filing an objection. You can also object solely to the proposed amount of attorneys’ fees and expenses. You can’t, however, ask the Court to order a larger settlement; the Court can only approve or deny the Settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. The Court will consider your views. No later than August 3, 2015, your objection to the Settlement must be filed in person at any location of the United States District Court for the Northern District of California or postmarked to the Court at the following address:

Class Action Clerk
United States District Court for the Northern District of California
Ronald V. Dellums Federal Building
1301 Clay Street, Suite 400 S
Oakland, CA 94612

The objection must be in writing and include the case name Hopwood v. Nuance Communications, Inc. and Infinity Contact, Inc., Case No. 4:13-cv-02132-YGR. Your letter must be personally signed and must (1) identify all of the reasons for your objections (including, if applicable, citations and supporting evidence) and attach any materials you are relying on to make your objections; (2) include your name, address, the cell phone number on which you claim you received a call promoting a Nuance product, and your signature; and (3) include the name and contact information of any and all lawyers representing, advising, or in any way assisting you in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection. If, in addition to submitting a written objection to the Settlement, you wish to appear and be heard at the Hearing on the fairness of the Settlement, you or your attorney must say so in your written objection. If you have an attorney, your objection and any supporting papers must be filed electronically through the Court’s CM/ECF system, by August 3, 2015.

Class Counsel will file with the Court and post on the Settlement website its request for attorneys’ fees and incentive award on July 20, 2015.

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17 What’s the difference between objecting and excluding myself from the Settlement?

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class (i.e., you don’t exclude yourself from the Settlement). Even if you object, you may still submit a claim form.

Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you may not submit a claim form and have no basis to object because the case no longer affects you.

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18 When and where will the Court hold a hearing on the fairness of the Settlement?

A public hearing has been set for October 13, 2015, at 2:00 p.m., before the Honorable Yvonne Gonzalez Rogers at the United States Courthouse, Ronald V. Dellums Federal Building, 1301 Clay Street, Oakland, CA 94612 in Courtroom 1, 4th Floor. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the Class Representative.

Note: The date and time of the fairness hearing are subject to change by Court Order, but any changes will be posted at the Settlement website, www.SoftwareCallSettlement.com, or through the Court’s Public Access to Court Electronic Records (PACER) system available at https://ecf.cand.uscourts.gov., or the Court's calendar available at http://www.cand.uscourts.gov/ygr.

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19 Do I have to come to the hearing?

No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also choose to have another lawyer attend on your behalf if you retain one, but you don’t have to do so. You don’t need a lawyer to make an objection or attend the hearing.

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20 May I speak at the hearing?

If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement by asking to speak in your objection by following the instructions above in question 16.

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