Welcome to the settlement website for Jonathan Weisberg, individually and on behalf of all others similarly situated, v. HD Supply, Inc. pending in the United States District Court for the Central District of California (the “Action”).

A proposed settlement has been reached in this class action alleging that HD Supply, Inc. (“HDS” or “Defendant”) sent marketing text messages to individuals’ mobile phones without their consent in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq Defendant strongly denies any claims of wrongdoing, but has agreed to settle the lawsuit (defined below) to avoid the burden and cost of further litigation.

If you are a member of the Settlement Class, your rights will be affected and you may be eligible for a payment from the Settlement.

You are a Settlement Class Member if HDS’ records indicate that your mobile number received a promotional and/or marketing text message from HDS between October 21, 2011, and July 26, 2017.

Your legal rights are affected whether you act or don’t act.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
SUBMIT A CLAIM BY
DECEMBER 26, 2017		 If you are a valid Settlement Class Member and wish to receive your portion of the Settlement Fund, you need to complete and submit the online Claim Form, or mail a copy to HDS Settlement Administrator, P.O. Box 4129, Portland, OR 97208-4129 by December 26, 2017. After the Settlement’s Effective Date and the Court’s final approval of the Settlement, you will then receive a check in the mail for an amount that shall be calculated pro rata based on the number of Valid Claim Forms that are submitted by the Settlement Class.
OPT OUT BY
DECEMBER 5, 2017		 You can opt out of the Settlement by submitting a Valid Exclusion Request to the Claims Administrator. If you do so, you will not be eligible to receive a settlement payment. But you will retain the right to sue on your own regarding any claims that are part of the settlement.
OBJECT BY
DECEMBER 5, 2017		 You may remain a part of the settlement and write to the Court and object to the settlement. You may appear and speak at the Final Approval Hearing on your own or through a lawyer hired by you at your own expense. If the settlement is approved over your objection, however, you will receive a check in the mail in an amount to be determined based off of your pro rata share of the Net Settlement Fund after the settlement’s Effective Date and after the Court grants final approval of the settlement. You will be bound by the settlement and give up your right to sue on your own regarding any claims that are part of the settlement.
GO TO A HEARING Write to speak in Court about the fairness of the Settlement.
DO NOTHING If you do nothing, you will become a Class Member bound by the terms of the Settlement Agreement and Final Judgment, thus forfeiting your right to sue on your own regarding any claims that are part of the Settlement.

Important Dates

  • October 21, 2011 to July 26, 2017
    Class Period
  • December 5, 2017
    Deadline to Request Exclusion
  • December 5, 2017
    Deadline to Object
  • December 26, 2017
    Deadline to File a Claim Online
  • January 18, 2018, at 10:00 a.m. PST
    Final Approval Hearing