Frequently Asked Questions
- Why is there a Notice?
- What is this litigation about?
- What is the Telephone Consumer Protection Act?
- Why is this a class action?
- Why is there a settlement?
- Who is included in the Settlement?
- What if I am not sure whether I am included in the Settlement?
- What does the Settlement provide?
- How do I file a Claim?
- When will I receive my payment?
- How do I get out of the Settlement?
- If I do not exclude myself, can I sue Defendant for the same thing later?
- What am I giving up to stay in the Settlement Class?
- If I exclude myself, can I still get a payment?
- Do I have a lawyer in the case?
- How will the lawyers be paid?
- How do I tell the Court I do not like the Settlement?
- What is the difference between objecting and asking to be excluded?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to attend the hearing?
- May I speak at the hearing?
- What happens if I do nothing at all?
- Who are the Released Parties?
- What are the Released Claims?
- How do I get more information?
- Why is there a Notice?
A court authorized this Notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Teblum v. Physician Compassionate Care LLC d/b/a DocMJ, Case No. 2:19-cv-00403-MRM (M.D. Fla.) and about all of your options before the Court decides whether to give Final Approval to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights. Magistrate Judge Mac R. McCoy of the United States District Court for the Middle District of Florida is overseeing this case. The person who sued, Daryl Teblum, is called the “Plaintiff.” Physician Compassionate Care LLC d/b/a DocMJ is called the “Defendant.”
On January 24, 2022, the Court denied without prejudice the Motion for Final Approval of Class Settlement and Application for Service Award and Attorneys’ Fees that was filed on May 14, 2021 due to deficiencies in the previous notice program. Copies of the order and the motion are available on the Settlement Website. This notice is being revised as part of changes approved by the Court to cure these deficiencies. If you previously submitted a timely claim, you are not required to resubmit a new claim to receive compensation.
Top - What is this litigation about?
The lawsuit alleges that Defendant sent a text message to Plaintiff’s wireless telephone number marketing its goods, services or property without prior express written consent in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) and seeks actual and statutory damages under the TCPA on behalf of the named Plaintiff and a class of all individuals in the United States.
Defendant denies each and every allegation of wrongdoing, liability, and damages that were 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, Settlement Agreement, and other case-related documents are posted on this website. The Settlement resolves the lawsuit. The Court has not decided who is right.
Top - What is the Telephone Consumer Protection Act?
The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts telephone solicitations and the use of automated telephone equipment.
Top - Why is this a class action?
In a class action, one person called the “Class Representative” (in this case, Plaintiff Daryl Teblum) sues on behalf of himself and other people with similar claims.
All of the people who have claims similar to the Plaintiffs are Settlement Class Members, except for those who exclude themselves from the class.
Top - Why is there a settlement?
The Court has not found in favor of either Plaintiff or Defendant. Instead, both sides 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 Claimants will receive the benefits described in the Notice. Defendant denies all legal claims in this case. Plaintiff and his lawyers think the proposed Settlement is best for everyone who is affected.
Top - Who is included in the Settlement?
The Settlement includes all persons who received a text message on their cell phone from Defendant. Specifically, the Settlement is defined as:
All persons within the United States who (1) were sent a text message; (2) by or on behalf of Defendant; (3) on their mobile telephone; (4) from June 14, 2015 through the date of final approval; (5) using the text messaging platform provided by Twilio to send text messages like the one Plaintiff received.
Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as “Settlement Class Members” or a “Settlement Class Member.”
Excluded from the Settlement Class are: (1) the trial judge and magistrate judge presiding over this case; (2) DocMJ, as well as any parent, subsidiary, affiliate, or control person of DocMJ, and the officers, directors, agents, members, managers, servants, or employees of DocMJ; (3) any of the Released Parties; (4) the immediate family of any such person(s); and (5) Plaintiff’s Counsel, their employees, and their immediate family.
Top - What if I am not sure whether I am included in the Settlement?
If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, visit the Settlement Website at www.PhysicianCompassionateCareTCPAsettlement.com or call the toll-free number, 1-844-917-2017. You also may send questions to the Settlement Administrator at Teblum TCPA Settlement Administrator, P.O. Box 43502, Providence RI 02940-3502.
Top - What does the Settlement provide?
To fully settle and release claims of the Settlement Class Members, Defendant has agreed to make payments to the Settlement Class Members and pay for notice and administration costs of the Settlement, attorneys’ fees and expenses incurred by counsel for the Settlement Class, and a service award for Plaintiff (the “Settlement Fund”). Each Settlement Class member who timely files with the Settlement Administrator a valid Claim Form will receive a check for up to $18.00, less notice and administration costs, attorneys’ fees and expenses, and a service award.
Top - How do I file a Claim?
If you qualify for a payment and did not previously submit a timely claim, you must complete and submit a valid Claim Form to receive compensation. You may download a Claim Form at the Settlement Website, www. PhysicianCompassionateCareTCPAsettlement.com, or request a Claim Form via this toll-free number . To be valid, a Claim Form must be completed fully and accurately, signed under penalty of perjury, and submitted timely. You may submit a Claim Form by U.S. mail and it must be postmarked by August 27, 2022. You may also submit a Claim Form online at www. PhysicianCompassionateCareTCPAsettlement.com or via email at info@PhysicianCompassionateCareTCPAsettlement.com. The deadline to file a Claim Form online or via email is 11:59 p.m. EST on August 27, 2022.
Please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.
You will have one hundred and eighty (180) days from the date of issuance to negotiate (i.e. cash) the check you receive for the Settlement Payment.
Top - When will I receive my payment?
Payments to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved. If there are appeals, resolving them can take time. Please be patient.
Top - How do I get out of the Settlement?
To exclude yourself from the Settlement, you must send a timely letter by mail to:
Teblum TCPA Settlement Administrator P.O. Box 43502 Providence RI 02940-3502
Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a statement that indicates your desire to be “excluded from the Settlement Class” and that, absent of excluding yourself or “opting out,” you are “otherwise a member of the Settlement Class.” Your exclusion request must be postmarked no later than July 13, 2022. You cannot ask to be excluded on the phone, by email, or at the Settlement Website.
You may opt out of the Settlement Class only for yourself.
Top - If I do not exclude myself, can I sue Defendant for the same thing later?
No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.
Top - What am I giving up to stay in the Settlement Class?
Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against Defendant about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you. The Settlement Agreement is available at www. PhysicianCompassionateCareTCPAsettlement.com. The Settlement Agreement provides more detail regarding the Releases 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 Settlement Class listed in Question 15 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.
Top - If I exclude myself, can I still get a payment?
No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.
Top - Do I have a lawyer in the case?
The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.
Manuel S. Hiraldo, Esq.
Hiraldo P.A.
401 E. Las Olas Blvd.,
Ste. 1400 Fort Lauderdale, FL 33301Ignacio J. Hiraldo, Esq
IJH Law
1200 Brickell Ave., Ste. 1950
Miami, FL 33131Michael Eisenband, Esq.
Eisenband Law, P.A.
515 E. Las Olas Blvd., Suite 120
Fort Lauderdale, FL 33301You 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.
Top - How will the lawyers be paid?
Class Counsel intend to request up to 25% of the value of the Settlement for attorneys’ fees, including reimbursement of reasonable, actual out-of-pocket expenses incurred in the litigation. 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 will also request that a Service Award of $5,000.00 be paid from the Settlement Fund to the Class Representative for his service as representative on behalf of the whole Settlement Class.
Top - How do I tell the Court I do not like the Settlement?
If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must timely submit a letter that includes the following:
1) A heading that includes the case name and case number—Teblum v. Physician Compassionate Care LLC d/b/a DocMJ, Case No. 2:19-cv-00403-MRM (M.D. Fla.)
2) Your name, address, telephone number, the cell phone number at which you received text messages from Defendant and if represented by counsel, the name, bar number, address, and telephone number of your counsel;
3) A signed statement stating, under penalty of perjury, that you received one or more text message from Defendant and are a member of the Settlement Class;
4) A statement of all your objections to the Settlement including your legal and factual basis for each objection;
5) A statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel, and if with counsel, the name of your counsel who will attend;
6) The number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior objections that were issued by the trial and appellate courts in each listed case;
7) A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and
8) Any and all agreements that relate to the objection or the process of objecting—whether written or verbal—between you or your counsel and any other person or entity.
If you wish to object, you must file your objection with the Court (using the Court’s electronic filing system or in any manner in which the Court accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by July 13, 2022.
TopClerk of the Court
Class Counsel
Defendant’s Counsel
United States District Court for
the Middle District of Florida
2110 First Street
Fort Myers, Florida 33901
Manuel S. Hiraldo, Esq.
Hiraldo P.A.
401 E. Las Olas Blvd., Ste. 1400
Fort Lauderdale, FL 33301
Maria Vigilante, Esq.
Blank Rome LLP
500 East Broward Blvd. Suite 2100
Fort Lauderdale, FL 33394
- What is the difference between objecting and asking to be excluded?
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.
Top - When and where will the Court decide whether to approve the Settlement?
The Court has scheduled a Final Approval Hearing on 08/12/2022 at 10:30 a.m. at the Ft. Myers Courtroom 5C before Magistrate Judge Mac R. McCoy. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check www. PhysicianCompassionateCareTCPAsettlement.com for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for a Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.
Top - Do I have to attend the hearing?
No. Class Counsel will answer any questions the Court may have. But you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time to the proper addresses and it complies with all the other requirements set forth in the Notice, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.
Top - May I speak at the hearing?
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, your timely filed objection must include a statement of whether you intend to appear at the Final Approval Hearing.
You cannot speak at the hearing if you exclude yourself from the Settlement.
Top - What happens if I do nothing at all?
If you are a Settlement Class member 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.
Top - Who are the Released Parties?
“Released Parties” means Physician Compassionate Care, LLC, a Florida limited liability company d/b/a “DocMJ,” Doctor Compassionate Care Ohio, LLC, an Ohio limited liability Company d/b/a “DocMJ,” Refuah Care, LLC, a Florida limited liability company, and each of their affiliates, agents, employees, members, managers, subsidiaries, predecessors, successors, parents, co-venturers, divisions, joint ventures and assigns, as well as each of those entities’ or persons’ past or present owners, investors, directors, officers, employees, partners, managers, members, principals, agents, underwriters, insurers, co-insurers, re-insurers, indemnitors, shareholders, attorneys, accountants or auditors, banks or investment banks, associates, personal or legal representatives, consultants, vendors, contractors, volunteers, performers, co-marketers, licensors, concessionaires, franchisors, and assigns.
Top - What are the Released Claims?
“Released Claims” means any and all claims, actions, causes of action, rights, suits, defenses, debts, sums of money, payments, obligations, promises, damages, penalties, attorneys’ fees, costs, liens, judgments, and demands of any kind whatsoever that each member of the Settlement Class may have or may have had in the past, whether in arbitration, administrative, or judicial proceedings, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, whether based on federal, state, or local law, statute, ordinance, regulations, contract, common law, or any other source, that were or could have been asserted in the Complaint, the Action, or that relate to or arise from the Allegations, including, but not limited to, any and all claims under the TCPA or any related state analogue.
Top - How do I get more information?
The Notice 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 at posted on this website. You also may write with questions to the Settlement Administrator at Teblum Settlement Administrator, P.O. Box 43502, Providence RI 02940-3502.
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