Craftwood Lumber Company v. Hardware Resources, Inc.

Frequently Asked Questions

  1. What is the lawsuit about?
  2. Who represents you?
  3. What does the Settlement provide?
  4. What to do if you received faxes from Hardware Resources but didn’t receive notice of Settlement?
  5. What are your options?
  6. How do you exclude yourself from the Settlement?
  7. How do you object to the Settlement?
  8. Final Approval Hearing?
  9. How can you get more information?
  1. What is the lawsuit about?

    Plaintiff Craftwood Lumber Company sued Hardware Resources alleging that the company violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"), by sending unsolicited facsimile advertisements and facsimile advertisements that do not comply with the TCPA's opt-out notice requirements. The TCPA permits a person to whom such advertisements are sent to bring legal action against the sender and recover either actual damages or statutory damages of $500 per violation.  The TCPA also permits a court to increase the statutory damages up to a maximum of $1,500 per violation if it is established that the defendant willfully and/or knowingly violated the TCPA. Hardware Resources denies that it violated the TCP A and will defend the lawsuit if the proposed settlement is not approved. 

    The circuit court has not decided who is right. Hardware Resources has agreed to settle this action to avoid the costs and uncertainties oflitigation. Plaintiff has agreed to settle because it believes that the settlement is in the best interests of the Settlement Class and provides substantial benefits to class members without the risk of continued litigation.

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  2. Who represents you?

    The Court has appointed C. Darryl Cordero of Payne & Fears LLP as lead Settlement Class Counsel, and Charles R. Watkins of Guin, Stokes & Evans LLC, as Settlement Class Counsel. You are free to retain your own attorney at your expense to represent you should you wish to do so.

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  3. What does the Settlement provide?

    After extensive negotiations, including mediation before an impartial mediator, the parties have reached a proposed settlement of the lawsuit. Under the settlement, Hardware Resources will pay an Aggregate Settlement Benefit of up to $11.75 million to Settlement Class members who timely file claims. The Aggregate Settlement Benefit also will be used to pay costs of class notice and settlement administration, attorneys' fees and litigation-related costs to Settlement Class Counsel, and any incentive award awarded to Plaintiff for its service in the case. Settlement Class Counsel will ask the circuit court to permit reimbursement of their costs in an amotmt not to exceed $5,000, and to award attorneys' fees in an amount up to 27 percent of the Aggregate Settlement Benefit. Plaintiff will ask the circuit court to award an amount up to $15,000 from the Aggregate Settlement Benefit for its service as class representative. The circuit court will decide the amount of the attorneys' fees and costs and whether Plaintiff should receive an incentive award (and in what amount) at the Final Approval Hearing. 

    In order to receive payment from the settlement, you must complete the Class Member Claim Form available here and return the form to the Settlement Administrator no later than September 29, 2017. You may send the claim form by mail or fax to the Settlement Administrator, or complete the form online. If you submit a timely claim, you will receive $230 for each Fax that was successfully transmitted to your fax telephone number. You do not need to submit proof that you received a Fax in order to receive payment. The number of Fax transmissions to your fax telephone number will be determined from available Hardware Resources records. 

    Each class member that received three or more "Faxes" will be asked to complete an Internal Revenue Service Form W-9. A class member that fails to timely provide a completed Form W-9 or otherwise provide a valid Taxpayer Identification Number will have his or her payment limited to $599.99, regardless of the number of"Faxes" the member received from Hardware Resources. 

    Each class member, and any assignees, (except a class member who has obtained proper and timely exclusion from the Settlement Class) will release, resolve, relinquish, and forever discharge Defendant, Profax, Inc., as well as any and all of their respective present or past predecessors, owners, successors, assigns, direct or indirect parents, subsidiaries, affiliates, employees, agents, consultants, independent contractors, insurers, directors, managing directors, officers, partners, members, investors, attorneys, accountants, insurers, financial and other advisors, investment bankers, underwriters, shareholders, lenders, auditors, investment advisors, legal representatives, successors in interest, assigns or persons, firms, trusts, corporations, or any other individuals or entities in which any of the above have a controlling interest, to which any of the above is related, or with which they are affiliated (collectively, the "Released Parties"), for all claims whatsoever, of every kind, nature, or description, whether in law, in equity or administratively, known or unknown, that are based on transmission of one or more Faxes, including claims based on violations of the TCP A, or any state law or cause of action analogous to the TCPA (collectively, the "Released Claims").

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  4. What to do if you received faxes from Hardware Resources but didn’t receive notice of Settlement?

    Notice of settlement was sent to all known class members based on Hardware Resources' records. It is possible, however, that you received a Fax from Hardware Resources on or about December 6, 2012, November 15, 2013, November 17, 2014, November 18, 2014, November 24, 2014, and November 16, 2015, but did not receive a notice from the Settlement Administrator regarding this settlement. If so, you may participate in the settlement by mailing or faxing a claim to the Settlement at: 

    Hardware Resources Settlement Administrator
    P.O. Box 404000
    Louisville, KY 40233-4000

     Or submitting a claim form online here.

     

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  5. What are your options?

    Option# 1 Submit a Claim: If you wish to receive payment under the settlement, you must complete a Class Member Claim Form and return it to the Settlement Administrator no later than September 29, You may send the claim form by mail to the Settlement Administrator at: 

    Hardware Resources Settlement Administrator
    P.O. Box 404000
    Louisville, KY 40233-4000

    Or submit a claim form online here. If you submit a timely claim, you will receive $230 for each Fax successfully transmitted to your telephone number, and you will be bound by all determinations or judgments in the lawsuit and release the Released Claims. (Class members that are required to submit a Taxpayer Identification Number but fail to do so will have their payments limited to $599 .99) You do not need to submit proof that you received a Fax in order to receive payment. The number of Fax transmissions to you will be determined from available Hardware Resources records. 

    Option # 2 - Exclude Yourself: You may exclude yourself from the Settlement Class. If you choose

    this option, please be sure that your exclusion request is received by theSettlement Administrator no later than September 11, 2017. Do not request exclusion if you wish to participate and receive payment under the settlement. If you timely and validly request exclusion, you (a) will not be entitled to any payment; (b) will not be bound by any determinations or judgments entered in the lawsuit; and ( c) will not release any claims against Hardware Resources.

    Option# 3 - Object to the Settlement: If you do not exclude yourself from the Settlement Class, you have the right to object to any aspect of the settlement, including the relief provided to class members, the requested attorneys' fees and reimbursement of expenses, and/or the requested incentive award. If you object, you must file and serve objections by following the directions below no later than October 9, 2017. Even if you object to the settlement, you will still be a class member and subject to the releases described earlier in this notice. 

    Option# 4 - Do Nothing: If you are a Settlement Class member and elect to do nothing, and if the circuit court approves the settlement, you will be bound by all determinations or judgments in the lawsuit and release the Released Claims described earlier in this notice. YOU WILL NOT BE ELIGIBLE FOR PAYMENT OF ANY SETTLEMENT PROCEEDS; TO QUALIFY FOR PAYMENT, YOU MUST TIMELY COMPLETE AND SUBMIT A CLAIM FORM.

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  6. How do you exclude yourself from the Settlement?

    To exclude yourself from the settlement, you must make a signed written request for exclusion that includes your name and current address, current telephone number, and facsimile telephone number(s) between December 6, 2012, and November 16, 2015. Requests for exclusion must be received by the Settlement Administrator no later than September 11, 2017. Your exclusion request must be mailed or faxed to the Hardware Resources Settlement Administrator at: 

    Hardware Resources Settlement Administrator
    P.O. Box 404000
    Louisville, KY 40233-4000

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  7. How do you object to the Settlement?

    You have the right to object to the proposed settlement, the attorneys' fees and expenses requested by Settlement Class Counsel, and the incentive or service award requested by Plaintiff. To be valid and considered by the circuit court, any objections must be submitted in writing, filed with the Clerk of the Court, and served by mail and/or e-mail on Settlement Class Counsel no later than October 9, 2017. DO NOT MAIL OR ATTEMPT TO FILE DOCUMENTS WITH THE JUDGE; THEY MUST BE FILED WITH THE CLERK OF THE COURT

    Your objection must include: (a) Notice oflntention to Appear (if applicable); (b) the full name, address and telephone number of the person objecting; (c) a statement of membership in the Settlement Class, including your facsimile telephone number(s) between December 6, 2012, and November 16, 2015, including the name of the person that was the subscriber of such facsimile telephone number(s); and (d) a statement of each objection, including any legal and factual support you wish to bring to the circuit court's attention and any evidence you wish to offer in support of the

    objection(s). Only persons who file and serve a Notice of Intention to Appear, or his or her attorney identified in the Notice of Intention to Appear, may request an appearance or opportunity to speak at the Final Approval Hearing.

    In the event that any class member objects to the settlement, Plaintiff and Hardware Resources shall have an opportunity to respond to such objections. 

    ANY SETTLEMENT CLASS MEMBER WHO DOES NOT OBJECT IN THEW A Y DESCRIBED ABOVE WILL BE DEEMED TO HAVE WAIVED SUCH OBJECTIONS AND SHALL NOT HAVE ANY RIGHT TO OBJECT TO THE FAIRNESS OR ADEQUACY OF THE SETTLEMENT, ANY AWARD OF ATTORNEYS' FEES/COSTS, OR ANY AWARD OF INCENTIVE PAYMENT.

    An original and one copy of all objections, including any Notice to Appear and all other papers required to be submitted, shall be timely filed with the Clerk of the Court at the following address: Lake County Courthouse, 18 North Country Street, Waukegan, IL 60085. Copies of all documents filed with the Clerk of the Court must also be sent to Settlement Class Counsel at the following addresses: C. Darryl Cordero, Payne & Fears LLP, 1100 Glendon Avenue, Suite 1250, Los Angeles, CA 90024, and Charles Watkins, Guin, Stokes & Evans, LLC, 321 S. Plymouth Ct., Suite1250, Chicago, IL 60604.

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  8. Final Approval Hearing?

    The circuit court has scheduled a Final Approval Hearing for October 27, 2017, at 9:00 A.M., in Courtroom C-302 of the Lake County Courthouse, 18 North County Street, Waukegan, IL 60085. At the hearing, the circuit court will decide whether to grant final approval to the Settlement Agreement and to determine the amount of attorneys' fees and expenses to be paid to Settlement Class Counsel and any incentive award to be paid to Plaintiff. You do not need to attend the heating to receive a settlement payment. The date and time of the Final Approval Hearing may be continued by the circuit court without further notice.

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  9. How can you get more information?

    The notice is intended only as a summary of the lawsuit and proposed settlement. It is not a complete statement of the lawsuit or the proposed settlement. If there is any conflict between the notice and the Class Action Settlement Agreement, the later document governs. To obtain additional information regarding this settlement you may: (1) call the Settlement Administrator at [add telephone]; (2) review the Class Action Settlement Agreement and other case documents available here or (3) inspect the complete court file at the office of the Clerk of the Court, Lake County Courthouse, 18 North County Street, Waukegan, IL 60085. 

    DO NOT CONTACT THE COURT, HARDWARE RESOURCES OR HARDWARE RESOURCES' ATTORNEYS FOR INFORMATION.

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