Frequently Asked Questions


  1. How do I learn what number I was called on or how many calls I received?

    Go to the Check Phone Calls page. Then, log in using your Class Member ID or affected phone number.

    You do not need to submit a claim to learn the number you were called on or the number of calls.

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  2. Why did I get a Notice?

    The purpose of the Notice is to let you know that a proposed Settlement has been reached in the class action lawsuit entitled Naiman v. Total Merchant Services, Inc, Civil Action No. 4:17-cv-03806-CW in the United States District Court for the Northern District of California. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. Because your rights will be affected by this Settlement, it is extremely important that you read the Notice carefully. The Notice summarizes the Settlement and your rights under it.

    If you would like to review a copy of the Notice, you may download a copy here.

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  3. What is this lawsuit about?

    In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. All of these people are a class, or class members. One court resolves the issues for all class members, except those who exclude themselves from the class.

    Here, the Class Representative alleges that from July 5, 2013 through June 8, 2018, Defendant violated the Telephone Consumer Protection Act (“TCPA”) by the fact that Quality Merchant Services, Inc., Michael Alimento and/or Brian Alimento, on behalf of Defendant, made automated telemarketing calls and/or calls using an artificial or prerecorded voice through the Spitfire dialing system to cellular telephones. The Class Representative alleges that Defendant did not have the recipients’ permission to make these calls.

    The Court has certified a class for Settlement purposes only (the “Settlement Class”). U.S. District Court Judge Claudia Wilken (the “Court”) is in charge of this class action.

    Defendant denies that it did anything wrong and that this case would be certified as a class action in litigation.

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  4. Why is there a settlement?

    The Court has not decided in favor of Plaintiff or Defendant. Instead, both sides agreed to a Settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The Class Representatives and their attorneys think the Settlement is best for the Settlement Class.

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  5. How do I know if I am a part of the Settlement?

    Go to the Check Phone Calls page. Then, log in using your Class Member ID or affected phone number.

    You are likely in the Settlement Class if, between July 5, 2013 and June 8, 2018, Quality Merchant Services called your cell phone. You can check whether you are in the Settlement Class by entering your phone number here.

    If you have questions about whether you are part of the Settlement Class, you may call 1-877-327-1109.

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  6. What does the Settlement provide?

    Defendant has agreed to pay Seven Million Five Hundred Thousand Dollars ($7,500,000) to be divided among all Settlement Class Members who send in a valid Claim Form after any fees, costs, service awards, and Settlement administration expenses have been deducted.

    Defendant has also agreed that it will take remedial steps in an effort to comply with the TCPA’s requirements regarding making telephone calls using an automatic telephone dialing system or an artificial or prerecorded voice to any telephone number assigned to a cellular telephone service in response to the allegations and claims asserted in this lawsuit.

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  7. How do I make a claim?

    The deadline to submit a claim passed on February 4, 2019 and it is no longer possible to submit a claim in for this Settlement.

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  8. When will I get my payment?

    Payments were issued on July 15, 2019.

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  9. What am I giving up to get a payment or stay in the Class?

    Unless you excluded yourself, you remained in the Settlement Class and you are a Settlement Class Member. That means you can’t sue, continue to sue, or be part of any other lawsuit against Defendant regarding the claims that are subject to the Settlement. Now that the Settlement is approved and became final, then you and all Class Members release all “Released Claims” against all “Released Parties.” It also means that all of the Court’s orders apply to you and legally bind you.

    The Settlement Agreement (available here) and the stipulation amending it (available here) describe the claims you are releasing (the “Released Claims”) and against whom you are releasing them (“Released Parties”) in detail, so read them carefully. To summarize, the release includes, but is not limited to, telemarketing-related claims that arise out of the improper use of an “automatic telephone dialing system” and/or an “artificial or prerecorded voice” by, or on behalf of, the Defendant to make telephone calls to cellular phones.

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  10. How do I get out of the Settlement?

    Unfortunately, the deadline to request exclusion passed on February 4, 2019 and it is no longer possible to be excluded from this Settlement. Class Members who did not exclude themselves prior to the deadline are bound by the terms of the Settlement.

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  11. If I don’t exclude myself, can I sue Defendant for the same thing later?

    No. Unless you excluded yourself, you gave up any right to sue Defendant for the claims that this Settlement resolves. If you already have a lawsuit that may relate to the claims being released as part of this class action Settlement, you should speak to your lawyer in that case immediately. You must have excluded yourself from this Settlement Class to continue your own lawsuit. The exclusion deadline passed on February 4, 2019.

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

    No. If you excluded yourself, you are no longer eligible to receive a payment from this Settlement.

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  13. Do I have a lawyer in this case?

    The Court has appointed Broderick & Paronich, P.C., The Law Office of Matthew P. McCue, Heidarpour Law Firm, and Jon Fougner to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  14. How will the lawyers be paid?

    Class Counsel has asked the Court to approve payment of up to One Million Eight Hundred Seventy-Five Thousand Dollars ($1,875,000) to them for attorneys’ fees. This amounts to 25% of the total fund. Class Counsel also sought recovery of their actual expenses spent on the litigation, not to exceed $20,591.19. These payments would pay Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel also requested a service award of $10,000 for the named Plaintiff, to compensate him for his time and effort.

    If there is money left over that is too small to be practicably distributed to class members (i.e., payment would be under $5 per person), the Parties have proposed to the Court that such money goes to the National Consumer Law Center (“NCLC”). NCLC is a nonprofit organization that works for consumer justice and economic security for low-income and other disadvantaged people, including advocating against illegal telemarketing.

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  15. How do I object to the Settlement?

    Unfortunately, the deadline to file an objection passed on February 4, 2019 and it is no longer possible to object to the Settlement.

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  16. 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. 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 have no basis to object because the case no longer directly affects you.

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

    The Court held the final fairness hearing at 2:30 p.m. on April 2, 2019, before the Honorable Claudia Wilken at the U.S. District Court for the Northern District of California, 1301 Clay Street, Oakland, CA 94612. During the hearing the Court determined whether the Settlement is fair, reasonable, adequate, and in the best interests of the class. At the hearing, the Court heard any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses, and the Incentive Award to the Class Representative. After the hearing, the Court decided to approve the Settlement.

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  18. Do I have to come to the hearing?

    The hearing has concluded and it is no longer possible to attend the hearing.

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  19. May I speak at the hearing?

    The hearing has concluded and it is no longer possible to speak at the hearing.

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  20. What happens if I do nothing at all?

    If you did nothing, you’ll get no money from this Settlement. But, unless you excluded yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant about the legal issues released in this case.

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  21. Why did I receive a check?

    Pursuant to the terms of the Settlement, payments are made to all Class Members who filed a timely, valid claim.

    A review of the Class Member records confirms that we received a timely, valid claim matching your information.

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  22. Why didn’t I get a payment?

    Payments were only issued to Class Members who submitted timely, valid claims.

    A review of the Class Member records confirms that we did not receive a timely or valid claim matching your information.

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  23. How do I deposit my check that says “for deposit only”?

    The check deposit restriction is a security measure to avoid potential fraudulent check activity. Unfortunately, there is no version of the Settlement payments that does not include the check cashing restriction. Checks from this Settlement can only be deposited into an account.

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  24. I have lost my check. How can I get a new check issued to me?

    If you have lost the Settlement check, you may request that a replacement check be issued and mailed to you.

    To request a replacement check, you must submit a signed written request to the Total Merchant TCPA Settlement Administrator, PO Box 3770, Portland, OR 97208-3770, asking that a replacement check be issued and mailed to you.

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  25. I need to have my check reissued under a different name (last name change).

    First, please go to your financial institution in which you are a current account holder as they may cash the check if the documentation regarding the status of your name change is presented.

    If your bank will not cash or deposit your check, please return the original check to the Total Merchant TCPA Settlement Administrator, PO Box 3770, Portland, OR 97208-3770, accompanied by a signed written request asking that a replacement check be issued and mailed to you. Please include instructions for the name that should be included on the replacement check.

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  26. I need to have my check reissued under a different name (Change from business name to person’s name).

    Please return the original check to the Total Merchant TCPA Settlement Administrator, PO Box 3770, Portland, OR 97208-3770, accompanied by a signed written request asking that a replacement check be issued and mailed to you. Please include instructions for the name that should be included on the replacement check. You will also need to provide documentation establishing you as the owner of the business or the affected phone number during the Class Period (July 5, 2013 to June 8, 2018).

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  27. When will my check be reissued?

    Checks are typically reissued within 3 to 4 weeks after the Administrator receives the returned check, reissue request and any supporting documents.

    If the original check was not returned, the reissued check will be sent after the original check has passed its stale date and has been voided with the issuing bank.

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  28. Can you update my address and re-mail my check?

    Yes. Please send a letter requesting a reissuance of your check, which includes your former and current mailing addresses to Total Merchant TCPA Settlement Administrator, PO Box 3770, Portland, OR 97208-3770.

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  29. What do I do if the person on the check is deceased?

    First, please go to your financial institution in which you are a current account holder as they may cash/deposit the check if documentation regarding the status of the account holder and your status as the beneficiary/executor is presented.

    If your bank will not cash the check, please return the original check to the Settlement Administrator along with a copy of the death certificate and proof of beneficiary. Proof of beneficiary includes, but is not limited to, copy of the will, a court order, or letters of testamentary.

    Please send the original check, along with the written reissue request and any supporting documentation to Total Merchant TCPA Settlement Administrator, PO Box 3770, Portland, OR 97208-3770.

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  30. What do I do if the person on the check is now under guardianship/gave me power of attorney?

    First, please go to your financial institution in which you are a current account holder as they may cash/deposit the check if documentation regarding the status of the claimant and your status as the guardian/power of attorney is presented.

    If your bank will not cash the check, please return the original check to the Settlement Administrator along with a signed letter requesting reissuance of the check in your name and documentation proving power of attorney/guardianship.

    Please send the original check, along with the written reissue request and any supporting documentation to Total Merchant TCPA Settlement Administrator, PO Box 3770, Portland, OR 97208-3770.

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  31. How was my award calculated?

    Your share of the Settlement depends on the number of Claim Forms that Settlement Class Members submitted and the amount of calls you received. In particular, the payment to each participating Settlement Class Member is proportionate to the number of calls he or she received.

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  32. I believe I should have received more money. Can I dispute my award?

    No. The deadline to object to the Settlement passed on February 4, 2019 and it is no longer possible to object to the terms of the Settlement or dispute the award amounts.

    The Settlement Agreement is available here and describes, in detail, the calculation and allocation of Settlement Funds.

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  33. How do I get more information?

    This website and the Notice summarize the proposed Settlement. More details are in the Settlement Agreement and the stipulation amending it. You can also get a copy of the Settlement Agreement by writing to any of the Court-appointed attorneys.

    For further information, you can call 1-877-327-1109 toll-free or write to Total Merchant TCPA Settlement Administrator, P.O. Box 3770, Portland, OR 97208-3770.

    PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.

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