Frequently Asked Questions
Why did I get a Notice?
You received an email if your email address was provided to Defendants in connection with your cellular telephone number, and a text message was attempted to a potential class member at that telephone number. You received a postcard notice by direct mail if no valid email address was provided to Defendants or if attempts to provide email notice were returned as undeliverable. In either case, the email notice or postcard notice referred you to this informational website which includes the more detailed Notice.
The Court ordered that a Notice be sent to you because you have a right to know about a proposed settlement of the class action against Defendants and about your options, before the Court decides whether to approve the settlement. If the Court approves it, the Ticket Code you received with your notice will become active and you can use it to obtain tickets to a future theater event produced by Defendants.
The Notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. Please read the Notice carefully, which can be viewed by clicking here.
The United States District Court for the District of Nevada has jurisdiction over this proposed settlement. The persons who sued are called the Plaintiffs, and the companies he sued are called the Defendants.
What is the lawsuit about?
Defendants produce and deliver theater and entertainment events in the greater Las Vegas area. For a limited time, Defendants attempted to send or sent text messages to customers who voluntarily provided their cell phone number to inform them of future similar theater events.
Plaintiffs filed a proposed class action lawsuit, the Action, against Defendants.
In the Action, the Plaintiffs claimed, among other things, that Defendants sent text messages to cellular telephones in violation of state and federal law. Defendants deny all allegations of wrongdoing and believe their text messages complied with applicable law. Defendants have asserted many defenses they believe would be successful at trial. In agreeing to settle, Defendants maintain that they complied with the law and do not admit any wrongdoing. The settlement is not an admission of wrongdoing.
Why is this a class action?
In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. In this case, the class representatives are Plaintiff Jeremy Bauman and Plaintiff Bijan Razilou. One court resolves the issues for all class members, except those who exclude themselves from the Class. Richard F. Boulware, United States District Court Judge for the District of Nevada, has jurisdiction over the case in which the parties have submitted this settlement for approval.
Why is there a settlement?
The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and settlement benefits go to the class members. The class representatives and their attorneys think the settlement is best for the class members.
WHO IS IN THE SETTLEMENT?
To see if you are eligible to receive a Ticket Code and otherwise benefit from this settlement, you first have to determine whether you are a class member.
How do I know if I am part of the settlemnt?
Judge Boulware has preliminarily decided that everyone who fits this description is a class member:
All persons and entities to whom Defendants attempted transmission of one or more text messages, between and including April 1, 2013 to May 31, 2014, to a telephone number assigned to a cell phone at the time of transmission.
Who is not included in the Class?
The Class does not include Defendants, any entity that has a controlling interest in Defendants, and Defendants’ current or former directors, officers, counsel, and their immediate families. The Class also does not include any persons who validly request exclusion from the Class.
I'm still not sure if I am included
If you are still not sure whether you are included, please contact the Settlement Administrator. Their contact information can be viewed by clicking here.
THE SETTLEMENT BENEFITS - WHAT YOU GET?
What does the settlement provide?
Settlement Class Members whose names and contact information were identified have been sent a Ticket Code with their direct mailed or emailed notice. Following final approval of the settlement, you can follow the instructions found on this website to use that ticket code to obtain up to two tickets for a future theater event produced by Defendants.
In addition, Defendants have agreed not to send automated text messages without first obtaining a written opinion from an attorney that the planned texting activity complies with the Telephone Consumer Protection Act, 47 U.S.C. § 227.
Defendants also agreed to pay the costs of settlement administration and reasonable attorneys’ fees, costs, and a service award to Plaintiffs for serving as the class representatives.
What can I get from the settlement?
If you were identified as a potential class member, you were sent a Ticket Code with your direct mailed or emailed notice.
HOW YOU USE YOUR TICKET CODE
When can I use my Ticket Code?
The Court will hold a hearing on June 25, 2020 at 10:30 am, to decide whether to approve the settlement. If Judge Boulware approves the settlement after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Ticket Codes will become valid fourteen (14) days after all appeals have been completed (or once the period for filing appeals has expired) and will be valid for a period of four (4) years. A reminder email will be sent once Ticket Codes become valid. Further information will also be posted on this website.
What am I giving up if I remain in the Class?
Unless you exclude yourself, you stay in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendants about the legal issues in this case. If the settlement is approved and becomes final and not subject to appeal, then you and all class members release all “Released Claims” against all “Released Parties."
“Released Claims” means any and all claims, rights (including rights to restitution or reimbursement), demands, actions, causes of action, suits, liens, damages, attorneys’ fees, obligations, contracts, liabilities, agreements, costs, expenses or losses of any nature, whether known or unknown, direct or indirect, matured or unmatured, contingent or absolute, existing or potential, suspected or unsuspected, equitable or legal, and whether under federal statutory law, federal common law or federal regulation, or the statutes, constitutions, regulations, ordinances, common law, or any other law of any and all states or their subdivisions, parishes, or municipalities that arise out of or relate in any way to the sending of text messages (including but not limited to text messages sent using an “automatic telephone dialing system”) for any purpose (including but not limited to advertising, marketing, or informational purposes), that have been, or could have been, brought in the Action, as well as any claims arising out of the same nucleus of operative facts as any of the claims asserted in the Action. In addition, with respect to Plaintiffs only, “Released Claims” includes all claims arising out of any conduct or omissions occurring as of the Execution Date that might be attributable to Defendants.
“Released Parties” means Defendants and all other persons and entities who played any role in sending the text messages at issue, including any of their respective affiliates, parents, direct and indirect subsidiaries, agents, insurers, and any company or companies under common control with any of them, and each of their respective predecessors, successors, past and present officers, directors, managers, employees, agents, servants, accountants, attorneys, advisors, shareholders, members, insurers, representatives, partners, vendors, issuers, and assigns, or anyone acting on their behalf.
Additionally, with respect to any and all Released Claims, you and your respective agents, successors, heirs, assigns, and any other person who can claim by or through you in any manner, shall be deemed to have waived, and by operation of the judgment of the Court shall have expressly waived, any and all claims, rights, or benefits they may have under California Civil Code § 1542 and any similar federal or state law, right, rule, or legal principle that may be applicable. California Civil Code § 1542 provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you don’t want a Ticket Code from this settlement, and you want to keep any right you may have to sue or continue to sue Defendants or other Released Parties on your own about the Released Claims, then you must take steps to remove yourself from the Class. This is called excluding yourself and is sometimes referred to as “opting out” of the Class.
How do I get out of the settlement?
To exclude yourself from the settlement, you must send a signed letter by mail stating that you “want to opt out of the Theater Text Settlement." Please be sure to include your name, address, telephone number, the cell phone number where the Defendants sent you a text message, and your signature. You must mail your exclusion request postmarked no later than May 26, 2020, to:
Class Action Opt-Outs
ATTN: Theater Text Settlement
PO Box 58220
Philadelphia, PA 19102
You can’t exclude yourself on the phone or by fax or email.
What is the effect if I exclude myself from this settlement?
If you ask to be excluded, any Ticket Code you received from this settlement will be invalidated. Also, you cannot object to the settlement. You will not be legally bound by anything that happens in the Action. You may be able to sue (or continue to sue) Defendants in the future about the legal issues in this case.
If I don’t exclude myself, can I sue Defendants for the same thing later?
No. Unless you exclude yourself, you give up your right to sue Defendants and the other Released Parties for the claims that this settlement resolves. You must exclude yourself from this Class to pursue your own lawsuit. Remember, your exclusion request must be postmarked on or before May 26, 2020.
If I exclude myself, can I get or use a Ticket Code from this settlement?
No. If you exclude yourself, any Ticket Code you already received will be invalidated. You may exercise any right you may have to sue, continue to sue, or be part of a different lawsuit against Defendants and the other Released Parties.
THE LAWYERS REPRESENTING YOU
Do I have a lawyer in the case?
The Court appointed Sound Justice Law Group, PLLC; Mazie Slater Katz & Freeman, LLC; Bailey Kennedy, LLP; Strategic Legal Practices, APC; and Marquis Aurbach Coffing to represent the Class. These lawyers are called Class Counsel. The Lead Class Counsel are Albert H. Kirby of Sound Justice Law Group, PLLC and Matthew Mendelsohn of Mazie Slater Katz & Freeman, LLC. You will not be charged for these lawyers. The Court will determine the amount of Class Counsel’s fees and costs, which Defendants will pay as part of the settlement. If you want to be represented by your own lawyer, you may hire one at your own expense.
How will the lawyers be paid?
Class Counsel will request from the Court an award of attorneys’ fees and out-of-pocket litigation costs up to $770,000, less any amounts that are needed to administer this settlement which will be paid to the Settlement Administrator. Class Counsel will also request a $15,000 Service Award for Plaintiffs for serving as the class representatives. Defendants will pay Class Counsel’s fees and costs, and the Service Award as awarded by the Court. You have the right to object to the requested fees and costs, and Service Award. Defendants will also pay the costs to administer the settlement from the Settlement Fund.
Class Counsel will file their papers in support of final approval of the settlement and their application for attorneys’ fees and reimbursement of costs, and for the Service Award, by no later than June 11, 2020 and May 5, 2020, respectively. These papers will also be posted on this website.
OBJECTING TO THE SETTLEMENT
You can tell the Court that you don’t agree with the settlement or some part of it.
How do I tell the Court if I don’t like the settlement?
If you are a class member, 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 not approve it. The Court will consider your views. To object, you must send a signed letter saying you object to the proposed settlement in Bauman v. V Theater Group, LLC, et al., No. 2:14-cv-01125-RFB-BNW (D. Nev.). Be sure to include your name, address, telephone number, the cell phone number where the Defendants sent you a text message, a statement indicating that you are a class member, your signature, and the reasons why you object to the settlement. Your objection and any supporting papers must be postmarked by and mailed to the Settlement Administrator at the following address no later than May 26, 2020:
Class Action Objections
ATTN: Theater Text Settlement
PO Box 58220
Philadelphia, PA 19102
What’s the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
THE COURT’S SETTLEMENT HEARING
The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don’t have to.
When and where will the Court decide whether to approve the settlement?
The Court will hold a Settlement Hearing at 10:30 am on June 25, 2020, at the United States District Court for the District of Nevada, 333 Las Vegas Blvd. South, Courtroom 7C Las Vegas, Nevada 89101. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Boulware will listen to people who have asked to speak at the hearing. The Court will also consider whether to approve the requested fees, costs, and Service Award. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.
Do I have to attend the hearing?
No. Class Counsel will answer questions Judge Boulware may have. You are welcome to come at your own expense. If you send an objection, you don’t have to come to Court and talk about it. As long as your written objection is postmarked by May 26, 2020, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.
May I speak at the hearing?
You may ask the Court for permission to speak at the Settlement Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear” in “Bauman v. V Theater Group, LLC, et al., No. 2:14-cv-01125-RFB-BNW (D. Nev.)." Be sure to include your name, address, telephone number, that you are a class member, a list of any documents you want the Court to consider, the names of any witnesses who you want to testify and your signature. Your Notice of Intention to Appear must be postmarked and sent to the address in FAQ 18, no later than May 26, 2020. You cannot speak at the hearing if you exclude yourself.
IF YOU DO NOTHING
What happens if I do nothing at all?
If you do nothing, you will remain a member of the class and, fourteen days after Final Approval, you will be able to use your Ticket Code to obtain two tickets to a future theater event produced by Defendants. Unless you exclude yourself from the Class, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants or the Released Parties about the legal issues resolved by this settlement, ever again.
GETTING MORE INFORMATION
Are there more details about the settlement?
The Notice summarizes the proposed settlement. More details appear in the Settlement Agreement and Release of Claims (the “Agreement”), which can be viewed by clicking here. Copies of the Agreement and the pleadings and other documents relating to the case are on file at the United States District Court for the District of Nevada and may be examined and copied at any time during regular office hours at the Court.
How do I get more information?
You may email the Settlement Administrator at info@TheaterTextSettlement.com or write to:
Theater Text Settlement
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
You should not direct questions to the Court.