Welcome to the Information Website for the Naiman v. Total Merchant Services, Inc. Settlement

If you received an automated call or a call using an artificial or prerecorded voice from or on behalf of Total Merchant Services, Inc., you could get a payment from a class action Settlement.

The Settlement resolves a lawsuit involving allegations that Total Merchant Services, Inc., Michael Alimento, and/or Brian Alimento made automated telemarketing calls and/or calls using an artificial or prerecorded voice on the Defendant’s behalf from July 5, 2013 through June 8, 2018 to cellular telephone lines using the Spitfire dialing system. As part of the proposed Settlement, Defendant does not admit to any wrongdoing and continues to deny the allegations against it.


Class Members’ Rights and Options
Submit a Claim

To submit a Claim and receive a cash award, click here to file your Claim online. You must do so by 11:59 p.m. PST on February 4, 2019. You also may submit a Claim Form to the Settlement Administrator by mail. Click here to download a paper Claim Form. Your mailed Claim Form must be postmarked by February 4, 2019.

Opt Out

You may opt out by mailing a letter to the Settlement Administrator by February 4, 2019. If you do not opt out, you give up your right to sue Total Merchant Services, Inc. and the other Released Parties about the Settled Claims. If you opt out, you will not receive a payment from the fund. See FAQ 11 for instructions.
Object

If you do not exclude yourself, you may object to the Settlement. You must send your signed, written objections to the Court by February 4, 2019, and provide the reasons for your objection. See FAQ 16 for instructions.
Do Nothing

If you do nothing, you will not receive any payment and will lose the right to sue. You will be considered part of the Class, and you will be bound by the Court’s decision with respect to the Settlement.


Current Status

The Court in charge of this case still has to decide whether to approve the Settlement. A Final Approval Hearing has been scheduled for April 2, 2019 at 2:30 p.m., at 1301 Clay St., Oakland, CA 94612.


Important Dates
  • July 5, 2013 -June 8, 2018
    Class Period
  • February 4, 2019
    Deadline to Exclude Yourself from the Settlement
  • February 4, 2019
    Deadline to Object to the Settlement
  • February 4, 2019
    Claim Filing Deadline
  • April 2, 2019 at 2:30 p.m.
    Final Fairness Hearing