Davis Neurology v. Dental Equities, et al.
www.DoctorsClubFaxSettlement.com

Frequently Asked Questions

Helpful Hint: Using the general subject of your question may provide the best search results. For example, enter the word "hearing" in the search box to find information about the Settlement's Fairness Hearing.

BASIC INFORMATION

1. Why is this a class action?

This lawsuit is styled Davis Neurology, P.A. v. First Arkansas Bank & Trust, et. al., United States District Court for the Eastern District of Arkansas, Western Division, Case No. 4:16CV00371 BSM. The Honorable Federal District Court Judge Brian Miller is in charge of this action. It is brought as a class action by the Plaintiff, the class representative, who has sued on behalf of people who allegedly have similar claims. This group is called a class and the persons included are called class members. One court resolves the issues for all of the class members, except for those who exclude themselves from the proposed class. Here, the Court has preliminarily certified a class action for settlement purposes only.

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2. Why is there a settlement?

Plaintiff claims that the Defendant and others violated the Telephone Consumer Protection Act (the “TCPA”) by sending facsimile transmissions advertising the availability of "Doctors Club" credit cards. Defendant denies these allegations and denies any claim of wrongdoing. The Court did not decide in favor of Plaintiff or Defendant or any of the other named defendants. Instead, Plaintiff and Defendant agreed to this settlement to avoid the risk and cost of a trial, and so that the settlement class members will receive compensation. By entering into the settlement, Defendant has not conceded the truth or validity of any of the claims against them. Plaintiff and its attorneys (“Class Counsel”) think the settlement is best for all persons in the proposed settlement class.

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WHO IS IN THE SETTLEMENT CLASS?

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

The Court has certified a class action for settlement purposes only. The class (the “Settlement Class”) is defined as:

All persons within the United States who on or after four years prior to the filing of this Action, were successfully sent a facsimile transmission advertising the commercial availability or quality of any property, goods, or services by or on behalf of Defendants related to "Doctors Club" credit cards.

Excluded from the Settlement Class are FABT and Dental Equities, and any affiliate, subsidiary or division of FABT or Dental Equities, along with any employees thereof, and any entities in which any of such companies have a controlling interest, as well as all persons who validly opt-out of the Settlement Class. “Settlement Class Member” is defined as any person in the Settlement Class who did not submit a timely request for exclusion from the settlement. If you are still not sure whether you are included in the class, you may write the Claims Administrator at Davis Neurology v. Dental Equities c/o GCG, P.O. Box 10329, Dublin, OH 43017-0329 for more information.

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THE LAWYERS REPRESENTING YOU

4. Do I have lawyers in this case?

The Court has appointed the law firms of BRANSTETTER, STRANCH & JENNINGS, PLLC, and the STREETT LAW FIRM, P.A., to represent you and the other Settlement Class Members as Class Counsel. You will not be personally charged by these lawyers.

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5. How will Class Counsel be paid?

Class Counsel asked the Court to approve payment of up to 30% of the Settlement Fund for attorneys’ fees and for reimbursement of their expenses. Class Counsel also asked the Court to approve payment of up to $10,000 to Davis Neurology, P.A. for its services as Class Representative.

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THE SETTLEMENT BENEFITS

6. What does the settlement provide?

Settlement Class Members may receive a cash payment by submitting a fully executed and timely claim form. Further, under the settlement, Defendant has agreed to refrain from sending faxes advertising “Doctors Club” credit cards without prior express permission or without the opt-out notice required by law.

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7. How much will my payment be?

If you filed a valid and timely claim, your pro-rata share of the Settlement is $174.34 and checks were mailed on July 6, 2017. Your pro-rata share of the Settlement Fund depended on the number of valid claims that were received from Settlement Class Members.

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8. What am I giving up to stay in the Class?

Unless you excluded yourself from the settlement, you will be part of the Settlement Class, and you will be bound by the Released Claims in the settlement. This means that, if the settlement is approved, you cannot sue, continue to sue or be part of any other lawsuit against any of the Released Parties (as that term is defined in the Settlement Agreement), including Defendant or Dental Equities, LLC (“Dental Equities”), related to the claims in this litigation. It also means that all of the Court’s orders will apply to you and will legally bind you. If you signed the claim form or did nothing, you agreed to release the Released Parties, including Defendant and Dental Equities, from any and all claims that arise from the legal claims in this case.

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HOW TO FILE A CLAIM

9. How can I get a payment?

To qualify for a cash payment, you must have sent in a fully executed claim form prior to the March 20, 2017 claims deadline.

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WHEN WILL I RECEIVE MY PAYMENT?

10. When will I receive payment?

The Final Approval Hearing took place on April 3, 2017 and on April 6, 2017, the Court issued an Amended Final Approval Order. Distribution occured on July 6, 2017.

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11. What do I do if I have not yet received my payment?

In order to request a check reissue please mail a written request including your current address to:

Davis Neurology v. Dental Equities c/o GCG P.O. Box 10329 Dublin, OH 43017-0329

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EXCLUDING YOURSELF FROM THE SETTLEMENT

12. How do I exclude myself or opt-out of the settlement?

If you wanted to retain the right to sue or continue to sue the Released Parties, including Defendant and Dental Equities, regarding the Released Claims in the settlement (as that term is defined in the Settlement Agreement), including the legal claims at issue in this lawsuit, then you must have taken steps to exclude yourself or opt-out from the Settlement Class.

To exclude yourself from the Settlement, you must have sent a letter by mail to Davis Neurology v. Dental Equities c/o GCG, P.O. Box 10329, Dublin, OH 43017-0329, or submitted a written request to the Settlement Administrator through the Settlement Website or by facsimile that: (a) was signed by you; (b) included your full name, address, telephone number and your fax number(s); and (c) included the following statement: “I/we request to be excluded from the class settlement in Davis Neurology, P.A. v. First Arkansas Bank & Trust, et al., Case No. 4:16CV00371 BSM.” No request for exclusion will be considered unless all of the information described above is included. No person in the Settlement Class, or any person acting on behalf of or in concert or participation with that person, may have excluded any other person in the Settlement Class from the Settlement Class. So called “mass” or “class” opt-outs shall not be allowed. To be valid, you must have submitted your exclusion request to the claims administrator no later than February 1, 2017.

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13. If I do not exclude myself, can I sue the defendant for the same thing later?

No. If you did not exclude yourself, you gave up any right to sue (or continue to sue) the Released Parties, including Defendant and Dental Equities, for the Released Claims in this settlement.

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14. If I exclude myself, can I get money from this settlement?

No. If you asked to be excluded, you will not be able to submit a claim for a settlement payment and you cannot object to the settlement.

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OBJECTING TO THE SETTLEMENT

15. How do I object to the settlement?

If you are in the Settlement Class, you could have objected to the settlement or any part of the settlement that you think the Court should reject, and the Court would have considered your views.

To object, you must have stated your objection in writing advising the Court that you objected to the settlement in Davis Neurology, P.A. v. First Arkansas Bank & Trust, et al. In order to be considered by the Court, the written objection must have included: (a) the name and case number of this action; (b) your full name, address, telephone number, and e-mail address (if applicable); (c) an explanation of the basis upon which you claim to be a Settlement Class Member; (d) all grounds for the objection, accompanied by any legal support for the objection known to you or your counsel; (e) the identity of any counsel who represent you, including any former or current counsel who may be entitled to compensation for any reason related to the objection; (f) the identity of all counsel representing the objector who will appear at the final approval hearing, if any; (g) a list of all persons who will be called to testify at the final approval hearing in support of the objection; (h) a statement confirming whether you intend to personally appear and/or testify at the final approval hearing; and (i) your signature (an attorney’s signature is not sufficient).

In order to be valid, objections must have been both filed with the Court and mailed to the attorneys listed below, no later than February 1, 2017.

For Plaintiff: For FIRST ARKANSAS BANK & TRUST:
Joe P. Leniski, Jr. Branstetter, Stranch & Jennings, PLLC 223 Rosa Parks Avenue, Suite 200 Nashville, TN 37203 Lewis S. Wiener Sutherland Asbill & Brennan, LLP 700 Sixth Street NW #700 Washington, DC 20001

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16. What is the difference between filing an objection and excluding myself or opting out?

Objecting is telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. You are still entitled to receive payment from the Settlement Fund. Excluding yourself means that you do not want to be part of the Settlement Class. If you excluded yourself, you have no basis to object because you are no longer a party to the case and you have no entitlement to receive payment from the Settlement Fund.

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IF YOU DO NOTHING

17. What happens if I do nothing and do not file a claim?

If you do nothing and do not file a claim, you will remain a member of the Settlement Class and you will give up your rights to sue the Released Parties, including Defendant and Dental Equities, regarding the Released Claims including claims at issue in this lawsuit. You will not receive any benefits under the settlement.

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THE COURT’S FINAL FAIRNESS HEARING

18. When and where will the Court decide whether to approve the settlement?

The Court held a final fairness hearing at 1:00 p.m. on April 3, 2017 at the UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF ARKANSAS, WESTERN DIVISION, 500 West Capitol Avenue, Little Rock, Arkansas 72201, in Courtroom 2D. At this hearing, the Court considered whether the settlement is fair, reasonable and adequate. If there were valid objections, the Court also considered them and listened to people who asked to speak at the hearing. The Court also awarded payments to Class Counsel and Plaintiff at this time.

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19. Do I have to come to the hearing?

No. Class Counsel appeared at the final fairness hearing on behalf of the Settlement Class.

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20. May I speak at the hearing?

You could have asked the Court for permission to speak at the final approval hearing, but only in connection with an objection that you timely submitted to the Court. To have spoken at the final approval hearing, you must have filed a document stating your "Notice of Intention to Appear in Davis Neurology, P.A. v. First Arkansas Bank & Trust, et al." You must have included your name, address, telephone number and your signature. Your Notice of Intention to Appear must have been filed no later than February 1, 2017 and been sent to all listed in Question 14, above. If you excluded yourself from the Settlement Class, you gave up the right to speak at the hearing.

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GETTING MORE INFORMATION

21. Is this the entire settlement?

No. These FAQs are only a summary of the proposed settlement. More details can be found in the Settlement Agreement which is available on the Court Documents page of this website or by contacting the Claims Administrator at the below address:

Davis Neurology v. Dental Equities c/o GCG P.O. Box 10329 Dublin, OH 43017-0329 Toll-Free: 1-866-877-0961

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22. How do I get more information?

You can write to the Claims Administrator at Davis Neurology v. Dental Equities c/o GCG, P.O. Box 10329, Dublin, OH 43017-0329; or review the Settlement Agreement on the Court Documents page of this website. Complete copies of the other public pleadings, court rulings, and other filings in this matter are available for review and copying at the Clerk’s office. The address is:

500 West Capitol Avenue Little Rock,
Arkansas 72201

Judge Brian Miller for the United States District Court for the Eastern District of Arkansas, Western Division is overseeing the Class Action.

Please do not contact the Court or Judge Miller.

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