The Backer Law Firm, LLC v. Costco Wholesale Corporation
Costco Fax Settlement
Case No: 4:15-CV-00327-SRB

Frequently Asked Questions

 

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  • Costco’s records show that you may been sent a facsimile advertisement between April 2, 2011 and April 2, 2015.

    The Court sent you a notice because you have a right to know about a proposed settlement of a class action lawsuit, and about all of your options, before the Court decides whether to finally approve the settlement. If the Court approves it and after any objections and appeals are resolved, an administrator appointed by the Court will make the payments that the settlement allows. You will be informed of the progress of the settlement. This package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

    The Court in charge of the case is the U.S. District Court for the Western District of Missouri, and the case is known as The Backer Law Firm, LLC v. Costco Wholesale Corporation, Case No. 4:15-CV-00327-SRB. The person who sued is called the Plaintiff, and the company it sued, Costco, is called the Defendant.

  • The lawsuit claims Defendant sent unsolicited facsimile advertisements in violation of the federal Telephone Consumer Protection Act.

  • In a class action lawsuit, one or more people called a “Class Representative” (in this case, The Backer Law Firm, LLC) sue on behalf of other people who have similar claims.  The people together are a “Class” or “Class Members.” One court resolves the issues for everyone in the Class, except for those who choose to exclude themselves from the Class.

  • The Court did not decide in favor of the Class or the 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 Representative and the attorneys think the settlement is best for everyone who is in the Class.

  • The Court has decided everyone who fits the following description is a Class Member:

    All persons or entities appearing in the List of Class Members to whom Defendant Costco Wholesale Corporation sent one or more facsimiles promoting its products, services, or memberships between April 2, 2011 and April 2, 2015.

    Excluded from the class are ABC Business Forms, Inc., Defendant and its officers, directors, and employees, Defendant’s counsel, any persons who previously have settled TCPA claims with Defendant, the Court and Court personnel, and counsel for the Plaintiff.

    If you have received the notice, it is because your name appeared in the List of Class Members and, therefore, you are included in the Class. Only those in the Class are eligible to receive a payment from this settlement.

  • If you are still not sure whether you are included, you can get free help at 1-833-843-2649, or by calling or writing to the class administrator in this case at the address listed in Question 13.

  • Defendant have agreed to create a gross settlement fund of $249,316.67.  From this gross fund, Defendant will pay attorney’s fees and costs, administration expenses, and an incentive award to the Class Representative, subject to approval by the Court.  All remaining funds will be the net settlement fund available to be paid to Class Members who do not exclude themselves from this settlement.  Any leftover or unused amounts in the net settlement fund will be donated to a non-profit charitable organization.

  • Each Class Member who does not exclude themselves from this settlement will receive a $70 Costco Cash Card.  The Cash Card is redeemable at any Costco located in the United States, or online at www.costco.com.  The Cash Card has no expiration date and requires no activation.  Class Members do not have to be Costco members in order to use the Cash Card.

  • Pursuant to the settlement agreement, any leftover or unused amounts in the net settlement fund will be donated to a non-profit charitable organization.   

  • To receive a payment, you must be a Class member and remain in the Class.  To remain in the Class, you are not required to do anything.  Class Members will remain in the Class unless they take action to exclude themselves from the settlement. 

  • The Court held a hearing on November 13, 2018 and approved the Settlement. Cash Cards were mailed to Class Members who did not exclude themselves from the Settlement on January 31, 2019.

  • Unless you excluded yourself, you are staying in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against the Defendant about the legal issues in this case.  It also means that all of the Court’s orders will apply to you and legally bind you.  If you remain in the Class, you will agree to release certain claims as described in the settlement agreement, which describes exactly the legal claims that you give up if you remain in the Class.  

  • The deadline to exclude yourself was October 29, 2018.

  • If you are a Class Member, you may not sue Defendant for the same thing later. Unless you exclude yourself, you give up any right to sue the Defendant for the claims that this settlement resolves. If you have a pending lawsuit, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. The deadline to exclude yourself was October 29, 2018.

  • No.  If you exclude yourself, you will not receive anything from this settlement.  But, you may sue, continue to sue, or be part of a different lawsuit against the Defendant.

  • The Court has appointed the law firm of Wood Law Firm, LLC, of Kansas City, to represent you and other 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.

  • Class Counsel will ask the Court to approve payment of up to $99,726.67 for attorney’s fees, plus up to $17,000 in litigation costs and expenses. 

  • In addition to the Class Representative’s payment as a member of the Class, Class Counsel will ask the court to approve a payment of up to $5,000.00 as an incentive award to the Representative Plaintiff for its efforts prosecuting this claim, representing the class, and obtaining settlement benefits for the Class.

  • The deadline to object to the Settlement was October 29, 2018.

  • 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 held a Fairness Hearing on November 13, 2018 in the U.S. District Court for the Western District of Missouri, 400 E. 9th Street, Kansas City, MO 64106. The Court approved the Settlement. For more information, you may read the Court's Order.

  • The deadline to mail your Notice of Intention to Appear was October 29, 2018.

  • If you do nothing, you’ll remain in the Class and may receive a settlement payment.  But you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant about the legal issues in this case ever again.

  • For more information, you may visit the Important Documents page, where you will find the Court’s Preliminary Approval Order, the Petition, and the Settlement Agreement and Release. You may also contact the class administrator by calling 1-833-843-2649 or writing to:

    Costco Fax Settlement
    c/o JND Legal Administration
    P.O. Box 91307
    Seattle, WA 98111

For More Information

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Mail

Costco Fax Settlement
c/o JND Legal Administration
P.O. Box 91307
Seattle, WA 98111