Bulette v. Western Dental Declaration Epiq - Draft …...information provided to me in the ordinary course of my business by my colleagues at Epiq. Case 3:19-cv-00612-MMC Document

DECLARATION OF BARO LEE REGARDING NOTICE AND SETTLEMENT ADMINISTRATION

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RACHEL BULETTE, individually and on behalf of all others similarly situated, Plaintiff, v.

WESTERN DENTAL SERVICES INC., et al., Defendants.

Case Number: 3:19-cv-00612-MMC Judge Maxine M. Chesney DECLARATION OF BARO LEE REGARDING NOTICE AND SETTLEMENT ADMINISTRATION

I, Baro Lee, hereby declare and state as follows:

1. I am a Project Manager employed by Epiq Class Action & Claims Solutions, Inc.

(“Epiq”). The statements of fact in this declaration are based on my personal knowledge and

information provided to me by my colleagues in the ordinary course of business, and if called on

to do so, I could and would testify competently thereto.

2. Epiq was appointed as the Settlement Administrator pursuant to the Court’s Order

Granting Preliminarily Approval of Class Action Settlement (the “Order”) dated March 13, 2020,

and in accordance with the Amended Class Action Settlement Agreement dated March 11, 2020,

(the “Settlement Agreement”).1 I submit this Declaration in order to advise the Parties and the

Court regarding the implementation of the Court-approved Class Notice Program, and to report on

Epiq’s handling to date of the Settlement administration, in accordance with the Order and the

Settlement Agreement.

1 All capitalized terms not otherwise defined in this document shall have the same meanings ascribed to them in the Settlement Agreement

Case 3:19-cv-00612-MMC Document 80-4 Filed 07/02/20 Page 1 of 27


3. Epiq was established in 1968 as a client services and data processing company.

Epiq has administered bankruptcies since 1985 and settlements since 1993. Epiq has routinely

developed and executed notice programs and administrations in a wide variety of mass action

contexts including settlements of consumer, antitrust, products liability, and labor and employment

class actions, settlements of mass tort litigation, Securities and Exchange Commission

enforcement actions, Federal Trade Commission disgorgement actions, insurance disputes,

bankruptcies, and other major litigation. Epiq has administered more than 4,500 settlements,

including some of the largest and most complex cases ever settled. Epiq’s class action case

administration services include administering notice requirements, designing direct-mail notices,

implementing notice fulfillment services, coordinating with the United States Postal Service

(“USPS”), developing and maintaining notice websites and dedicated telephone numbers with

recorded information and/or live operators, processing exclusion requests, objections, claim forms

and correspondence, maintaining class member databases, adjudicating claims, managing

settlement funds, and calculating claim payments and distributions. As an experienced neutral

third-party administrator working with settling parties, courts, and mass action participants, Epiq

has handled hundreds of millions of notices, disseminated hundreds of millions of emails, handled

millions of phone calls, processed tens of millions of claims, and distributed hundreds of billions

in payments.

OVERVIEW OF ADMINISTRATION

4. Pursuant to the Settlement Agreement and Order, Epiq was appointed to provide,

and did provide, the following administrative services for the benefit of Settlement Class Members,

as they are defined in the Settlement Agreement:

Send CAFA Notice to the appropriate Federal and State government officials;



As appropriate, mail a Summary Notice to Settlement Class Members;

As appropriate, email a Summary Notice to Settlement Class Members;

As appropriate, resend an email Summary Notice to Settlement Class Members;

Establish and maintain an official Settlement Website containing information about the

Settlement;

Establish and maintain an official toll-free number that Settlement Class Members may

contact for additional information about the Settlement;

Review and process opt-outs sent to or received by Epiq;

Review and track objections sent to or received by Epiq; and

Receive, process, track, and report on claims sent to or received by Epiq.

CLASS ACTION FAIRNESS ACT NOTICE

5. As described in the attached March 13, 2020, Declaration of Stephanie J. Fiereck,

Esq. on Implementation of CAFA Notice (“CAFA Declaration”), on February 10, 2020, Epiq sent

a CAFA notice packet (or “CAFA Notice”) to 57 federal and state officials as required by the Class

Action Fairness Act of 2005 (CAFA), 28 U.S.C. § 1715. The CAFA Notice was mailed by

certified mail to 56 officials, which included the Attorney General of the United States and the

Attorneys General of each of the 50 states, the District of Columbia, and the United States’

Territories. Epiq also sent the CAFA Notice to the Attorney General of the United States by United

Parcel Service. The CAFA Declaration is included as Exhibit A.

DATA TRANSFER

6. On March 20, 2020, Defense Counsel provided Epiq with one electronic file

containing potential Settlement Class Member records (“Class Data”). After deduplication, the

Class Data contained a list of 276,852 unique phone numbers that received at least one text



message from Defendants. This list included mailing addresses associated with 209,436

unique phone numbers, and email addresses associated with 208,042 unique phone numbers.

7. Epiq performed a reverse telephone number lookup on the 67,416 unique phone

numbers in the Class Data without mailing address information in order to obtain name and mailing

address information for Settlement Class Members who owned the phone numbers during the

Class Period of February 4, 2015 through March 13, 2020. Amongst the 67,416 unique phone

numbers searched, 65,132 phone numbers yielded one or more name and mailing address result,

and the remaining 2,284 records did not return any result (“Search Results”).

8. Epiq then compared the Search Results to the original data based on name and

phone number. If matches were found, the original records were updated with the additional

mailing address information found in the Search Results. If a Search Result did not match the

original data as described above, a new record was created. This process resulted in the

identification of 284,264 potential Settlement Class Members associated with the 274,569 unique

phone numbers for which address information was identified.

9. Epiq loaded the information provided in the Class Data and from the Search Results

into a database created for the purpose of administration of the proposed Settlement. Epiq assigned

unique identifiers to all the records it received in order to maintain the ability to track them

throughout the Settlement administration process.

DISSEMINATION OF THE INDIVIDUAL CLASS NOTICE BY POSTAL MAIL

10. Pursuant to 7.5.3 of the Agreement and Paragraph 11 of the Order, Epiq was

responsible for sending the Summary Notice via U.S. First Class Mail to all potential Settlement

Class Members whose name and mailing address data could be obtained via the processes



described above (“Mailed Notice”). Attached hereto as Exhibit B is the Summary Notice that

Epiq disseminated by mail.

11. Prior to mailing the Mailed Notice, all addresses were checked against the National

Change of Address (“NCOA”) database maintained by the United States Postal Service (“USPS”).2

In addition, the addresses were certified via the Coding Accuracy Support System (“CASS”) to

ensure the quality of the zip code, and verified through Delivery Point Validation (“DPV”) to

verify the accuracy of the addresses. To the extent that any Settlement Class Member had filed a

USPS change of address request, and the address was certified and verified, the current address

listed in the NCOA database was used in connection with the Summary Notice mailing. This

address updating process is standard for the industry and for the majority of promotional mailings

that occur today. A total of 31,939 records in the Class Data sent through the USPS NCOA, CASS,

and DPV process were updated with new addresses.

12. Prior to commencing any mailings for this matter, Epiq established a post office

box to mail notice from and to allow Settlement Class Members to contact the Administrator or

submit documents by mail. Epiq has and will continue to maintain the P.O. Box throughout the

administration process.

13. On April 13, 2020, Epiq mailed 284,264 Summary Notices via First Class USPS

Mail to the identifiable, potential Settlement Class Members in the Class Data.

14. The return address on the Mailed Notices is the post office box maintained by Epiq.

As of July 2, 2020, 233 Mailed Notices have been returned by the USPS with forwarding

information and were promptly re-mailed to the forwarding address.

2 The NCOA database contains records of all permanent change of address submissions received by the USPS for the last four years. The USPS makes this data available to mailing firms and lists submitted to it are automatically updated with any reported move based on a comparison with the person’s name and last known address.



15. As of July 2, 2020, a total of 37,097 initial Mailed Notices have been returned to

Epiq without forwarding address information. As a result of skip trace searches performed by

Epiq using a third-party lookup service, a total of 16,596 Summary Notices were re-mailed to

updated addresses. As of July 2, 2020, a total of 2,493 remailed Mailed Notices have been returned

to Epiq eithout forwarding address information.

16. As of July 2, 2020, Mailed Notices sent to 23,003 of the 284,264 potential

Settlement Class Members are currently known to be undeliverable, which represents a 91.91%

deliverable rate of Mailed Notices to identifiable, potential Settlement Class Members.

DISSEMINATION OF INDIVIDUAL CLASS NOTICE VIA EMAIL

17. Pursuant to 7.5.4 of the Settlement Agreement and Paragraph 11 of the Order, Epiq

was to cause the Court-approved Summary Notice to be formatted for electronic distribution by

email to Settlement Class Members for whom an email address could be ascertained (“Email

Notice”).

18. Attached hereto as Exhibit C is a template of the Court-approved Email Notice that

Epiq electronically disseminated to Settlement Class Members for whom an email address was

ascertained in the above-described process. The Email Notice contained substantial, albeit easy to

read, information that made potential Settlement Class Members aware of their rights under the

Settlement and provided instructions on how to file a claim or obtain more information by visiting

the Settlement Website or toll-free number.

19. The Email Notice, which was formatted for distribution using imbedded html text,

provided Settlement Class Members with a link to the Settlement Website. The Email Notice was

formatted with easy to read text without graphics, tables, images and other elements that would

increase the likelihood that the message could be blocked by Internet Service Providers and/or



SPAM filters. Epiq also followed standard email protocols, including utilizing “unsubscribe’ links

and Epiq’s contact information in the Email Notice.

20. On April 13, 2020, Epiq sent the Email Notice to the 208,042 Settlement Class

Members in the Class Data with one or more email addresses. Where more than one email address

existed on a Settlement Class Member’s record, the Email Notice was emailed to each email

address listed on the record for a total of 215,184 emails sent. Each Email Notice was transmitted

with a unique message identifier. If the receiving e-mail server could not deliver the message, a

“bounce code” was returned along with the unique message identifier.

21. For all Settlement Class Members with potentially valid email addresses in the

Class Data, Epiq closely monitored all deliverability attempts of the Email Notice throughout the

Email Notice campaign. A total of 164,689 Email Notices were delivered, and 50,495 Email

Notices were not able to be delivered. Of the 50,495 Email Notices that could not be delivered,

10,797 of them were undeliverable because the email address no longer existed, the email account

was closed, or the email address had a bad domain name or address error (collectively, "Hard

Bouncebacks"). After three attempts, the remaining 39,698 Email Notices could not be delivered

due to an inactive or disabled account, the recipient's mailbox was full, technical auto-replies, or

the recipient server was busy or unable to deliver (collectively, "Soft Bouncebacks"). Ultimately,

there was a a 76.53% deliverable rate of the Email Notices to Settlement Class Members.

DISSEMINATION OF REMINDER INDIVIDUAL CLASS NOTICE VIA EMAIL

22. Pursuant to 7.5.5 of the Settlement Agreement, Epiq was to resend the Email Notice

to Settlement Class Members for whom an email address could be ascertained (“Reminder Email

Notice”). The Reminder Email Notice was identical to the Email Notice described above and

attached hereto as Exhibit C.



23. Epiq sent the Reminder Email Notice on May 27, 2020 to the 200,711 potential

Settlement Class Members in the Class Data with one or more email addresses who, as of that date,

had not already filed a web claim or opted out. Where more than one email address existed on a

Settlement Class Member’s record, the Reminder Email Notice was emailed to each email address

listed on the record for a total of 208,272 emails sent. Each Reminder Email Notice was

transmitted with a unique message identifier. If the receiving e-mail server could not deliver the

message, a “bounce code” was returned along with the unique message identifier.

24. For all Settlement Class Members with potentially valid email addresses in the

Class Data, Epiq closely monitored all deliverability attempts of the Reminder Email Notice

throughout the Reminder Email Notice campaign. A total of 164,952 Reminder Email Notices

were delivered, and 43,320 Reminder Email Notices were not able to be delivered. Of the 43,320

Reminder Email Notices that could not be delivered, 12,050 of them were undeliverable because

the email address no longer existed, the email account was closed, or the email address had a bad

domain name or address error (collectively, "Hard Bouncebacks"). After three attempts, the

remaining 31,270 Reminder Email Notices could not be delivered due to an inactive or disabled

account, the recipient's mailbox was full, technical auto-replies, or the recipient server was busy

or unable to deliver (collectively, "Soft Bouncebacks"). Ultimately, there was a 79.20%

deliverable rate of the Reminder Email Notices to Settlement Class Members.

SETTLEMENT WEBSITE

25. Pursuant to 7.3.1 of the Settlement Agreement, on April 10, 2020, Epiq launched a

website, www.WDSTCPASettlement.com, that potential Settlement Class Members could visit to

obtain additional information about the proposed Settlement, as well as important documents,

including the Preliminary Approval Order, Amended Settlement Agreement, Long Form Notice,



Claim Form, and Class Counsel’s fee application and request for service award (“Website”). The

Website contains a summary of options available to Settlement Class Members, deadlines to act,

and provides answers to frequently asked questions. Settlement Class Members are also able to

file a Claim via the website, or download a paper Claim Form, which they could then file by mail.

References to the Website were prominently displayed in the Summary Notice.

26. As of July 2, 2020, the Website has been visited in 34,592 unique sessions for

which 139,636 website pages have been viewed. Epiq has maintained and will continue to

maintain and update the Website throughout the administration of the proposed Settlement.

TOLL-FREE INFORMATION LINE

27. On April 10, 2020, Epiq established and is maintaining a toll-free interactive Voice

Response Unit (“VRU”) telephone number to provide information and accommodate inquiries

from Settlement Class Members. Callers hear an introductory message and then are provided with

scripted information about the Settlement in the form of recorded answers to frequently asked

questions. The toll-free number was included in the Mailed and Emailed Notices sent to Settlement

Class Members and the automated telephone system is available 24 hours per day, 7 days per week.

28. As of July 2, 2020, the toll-free number has received 4,218 calls representing

10,017 total minutes. Epiq has and will continue to maintain and update the VRU throughout the

Settlement administration process.

REQUESTS FOR EXCLUSION

29. Pursuant to 10.4.1 of the Settlement Agreement and Paragraph 13 of the Order,

Settlement Class Members who wish to be excluded from the Settlement were required to mail a

written request for exclusion to Epiq postmarked on or before June 12, 2020. As of July 2, 2020,

Epiq has received 24 timely and potentially valid opt out request and no late postmarked opt out



requests. Epiq also received one opt out requests from an individual via email that is not a

Settlement Class Member and one opt out request via mail from an individual that is not a

Settlement Class Member. Valid opt out request must be sent via mail and made by a Settlement

Class Member, so these additional opt out requests were not considered valid. A report listing the

24 timely requests received to date is attached hereto as Exhibit D.

OBJECTIONS RECEIVED

30. Pursuant to 10.2.1 of the Settlement Agreement and Paragraph 14 of the Order,

Settlement Class Members who wish to object to the Settlement were required to submit written

objections to the Clerk of the Court, such that they are postmarked on or before the objection

deadline of June 12, 2020. Epiq reviewed and made available for Class Counsel to review all

correspondence received by Epiq from Settlement Class Members to confirm that no objections

were misidentified as correspondence or otherwise. As of July 2, 2020, Epiq is unaware of any

objections.

CLAIMS RECEIVED

31. Pursuant to 8.1 of the Settlement Agreement, Settlement Class Members who

wished to make a claim were required to submit a completed Claim Form to the Administrator

online or via U.S. Mail, so that it was submitted or postmarked no later than June 12, 2020. Per

the Settlement Agreement, Settlement Class Members could submit one claim per telephone

number the Defendants contacted. As of July 2, 2020, Epiq has received 30,287 claims.

ADMINISTRATION FEES

32. Epiq estimates that total administration costs will not exceed $400,000.00. This

includes the originally-estimated amount of Administrative Fees plus additional amounts

associated with the Email Reminder Notice. Included in this anticipated cost to completion is the



cost for Epiq to fulfill its remaining administrative duties, which include claims processing,

providing notice of any deficiencies in claims, receiving and responding to class member

communications, disbursement of Settlement Payments to eligible Settlement Class Members by

First Class U.S. Mail, and check reissues.

***

I declare under penalty of perjury under the laws of the United States and the State of

California that the foregoing is true and correct and that this declaration was executed on July 2,

2020, in Washington, DC.

_________________________________________ Baro Lee Project Manager Epiq Class Action & Claims Solutions, Inc. (“Epiq”)

Baro Lee


EXHIBIT A


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DECLARATION OF STEPHANIE J. FIERECK, ESQ. ON IMPLEMENTATION OF CAFA NOTICE

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RACHEL BULETTE, individually and on behalf of all others similarly situated, Plaintiff, v. WESTERN DENTAL SERVICES, INC., et. al,

Defendants.

Case No. 3:19-cv-00612-MMC

DECLARATION OF STEPHANIE J. FIERECK, ESQ. ON IMPLEMENTATION OF

CAFA NOTICE

I, STEPHANIE J. FIERECK, ESQ., hereby declare and state as follows:

1. My name is Stephanie J. Fiereck, Esq. I am over the age of 21 and I have personal

knowledge of the matters set forth herein, and I believe them to be true and correct.

2. I am the Legal Notice Manager for Epiq Class Action & Claims Solutions, Inc.

(“Epiq”), a firm that specializes in designing, developing, analyzing and implementing large-scale,

un-biased, legal notification plans.

3. Epiq is a firm with more than 20 years of experience in claims processing and

settlement administration. Epiq’s class action case administration services include coordination

of all notice requirements, design of direct-mail notices, establishment of fulfillment services,

receipt and processing of opt-outs, coordination with the United States Postal Service, claims

database management, claim adjudication, funds management and distribution services.

4. The facts in this Declaration are based on what I personally know, as well as

information provided to me in the ordinary course of my business by my colleagues at Epiq.


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CAFA NOTICE IMPLEMENTATION

5. At the direction of counsel for the Defendants Western Dental Services, Inc. and

RevSpring, Inc., 57 officials, which included the Attorney General of the United States and the

Attorneys General of each of the 50 states, the District of Columbia and the United States

Territories were identified to receive the CAFA notice.

6. Epiq maintains a list of these state and federal officials with contact information

for the purpose of providing CAFA notice. Prior to mailing, the names and addresses selected

from Epiq’s list were verified, then run through the Coding Accuracy Support System (“CASS”)

maintained by the United States Postal Service (“USPS”).1

7. On February 10, 2020, Epiq sent 57 CAFA Notice Packages (“Notice”). The

Notice was mailed by certified mail to 56 officials, including the Attorneys General of each of

the 50 states, the District of Columbia and the United States Territories. The Notice was also sent

by United Parcel Service (“UPS”) to the Attorney General of the United States. The CAFA

Notice Service List (USPS Certified Mail and UPS) is included hereto as Attachment 1.

8. The materials sent to the Attorneys General included a cover letter, which provided

notice of the proposed settlement of the above-captioned case. The cover letter is included hereto

as Attachment 2.

9. The cover letter was accompanied by a CD, which included the following: a. Class Action Complaint and Class Action Amended Complaint(s);

b. Plaintiff’s Notice of Motion, Unopposed Motion for Preliminary Approval

of Class Action Settlement and Incorporated Memorandum of Law;

c. Class Action Settlement Agreement (with exhibits); and

1 CASS improves the accuracy of carrier route, 5-digit ZIP®, ZIP + 4® and delivery point codes that appear on mail pieces. The USPS makes this system available to mailing firms who want to improve the accuracy of postal codes, i.e., 5-digit ZIP®, ZIP + 4®, delivery point (DPCs), and carrier route codes that appear on mail pieces.


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Exhibit A – Claim Form; Exhibit B – Long Form Notice; and Exhibit C – Summary Notice.

d. Table of reasonable estimates of geographic distribution of class members

and proportionate share of claims.

I declare under penalty of perjury that the foregoing is true and correct. Executed on

March 13, 2020.

Stephanie J. Fiereck, Esq.


Attachment 1


CAFA Notice Service List

UPS

Company FullName Address1 Address2 City State ZipUS Department of Justice William Barr 950 Pennsylvania Ave NW Washington DC 20530


CAFA Notice Service List

USPS Certified Mail

Company FullName Address1 Address2 City State ZipOffice of the Attorney General Kevin G Clarkson PO Box 110300 Juneau AK 99811Office of the Attorney General Steve Marshall 501 Washington Ave Montgomery AL 36130Office of the Attorney General Leslie Carol Rutledge 323 Center St Suite 200 Little Rock AR 72201Office of the Attorney General Mark Brnovich 2005 N Central Ave Phoenix AZ 85004Office of the Attorney General CAFA Coordinator Consumer Law Section 455 Golden Gate Ave Ste 11000 San Francisco CA 94102Office of the Attorney General Phil Weiser Ralph L Carr Colorado Judicial Center 1300 Broadway 10th Fl Denver CO 80203Office of the Attorney General William Tong 55 Elm St Hartford CT 06106Office of the Attorney General Karl A. Racine 441 4th St NW Suite 1100 South Washington DC 20001Office of the Attorney General Kathy Jennings Carvel State Office Bldg 820 N French St Wilmington DE 19801Office of the Attorney General Ashley Moody State of Florida The Capitol PL-01 Tallahassee FL 32399Office of the Attorney General Chris Carr 40 Capitol Square SW Atlanta GA 30334Department of the Attorney General Clare E. Connors 425 Queen St Honolulu HI 96813Iowa Attorney General Thomas J Miller 1305 E Walnut St Des Moines IA 50319Office of the Attorney General Lawrence G Wasden 700 W Jefferson St Ste 210 PO Box 83720 Boise ID 83720Office of the Attorney General Kwame Raoul 100 W Randolph St Chicago IL 60601Indiana Attorney General's Office Curtis T Hill Jr Indiana Government Center South 302 W Washington St 5th Fl Indianapolis IN 46204Office of the Attorney General Derek Schmidt 120 SW 10th Ave 2nd Fl Topeka KS 66612Office of the Attorney General Daniel Cameron 700 Capitol Avenue Suite 118 Frankfort KY 40601Office of the Attorney General Jeff Landry PO Box 94005 Baton Rouge LA 70804Office of the Attorney General Maura Healey 1 Ashburton Pl Boston MA 02108Office of the Attorney General Brian E. Frosh 200 St Paul Pl Baltimore MD 21202Office of the Attorney General Aaron Frey 6 State House Station Augusta ME 04333Department of Attorney General Dana Nessel PO Box 30212 Lansing MI 48909Office of the Attorney General Keith Ellison 445 Minnesota St Suite 1400 St Paul MN 55101Missouri Attorney General's Office Eric Schmitt 207 West High Street PO Box 899 Jefferson City MO 65102MS Attorney General's Office Jim Hood Walter Sillers Bldg 550 High St Ste 1200 Jackson MS 39201Office of the Attorney General Tim Fox Department of Justice PO Box 201401 Helena MT 59620Attorney General's Office Josh Stein 9001 Mail Service Ctr Raleigh NC 27699Office of the Attorney General Wayne Stenehjem State Capitol 600 E Boulevard Ave Dept 125 Bismarck ND 58505Nebraska Attorney General Doug Peterson 2115 State Capitol PO Box 98920 Lincoln NE 68509Office of the Attorney General Gordon MacDonald NH Department of Justice 33 Capitol St Concord NH 03301Office of the Attorney General Gurbir S Grewal 25 Market Street P.O. Box 080 Trenton NJ 08625Office of the Attorney General Hector Balderas 408 Galisteo St Villagra Bldg Santa Fe NM 87501Office of the Attorney General Aaron Ford 100 N Carson St Carson City NV 89701Office of the Attorney General Letitia James The Capitol Albany NY 12224Office of the Attorney General Dave Yost 30 East Broad Street 14th Floor Columbus OH 43215Office of the Attorney General Mike Hunter 313 NE 21st St Oklahoma City OK 73105Office of the Attorney General Ellen F Rosenblum Oregon Department of Justice 1162 Court St NE Salem OR 97301Office of the Attorney General Josh Shapiro 16th Fl Strawberry Square Harrisburg PA 17120Office of the Attorney General Peter F Neronha 150 S Main St Providence RI 02903Office of the Attorney General Alan Wilson PO Box 11549 Columbia SC 29211Office of the Attorney General Jason Ravnsborg 1302 E Hwy 14 Ste 1 Pierre SD 57501Office of the Attorney General Herbert H. Slatery III PO Box 20207 Nashville TN 37202Office of the Attorney General Ken Paxton 300 W 15th St Austin TX 78701Office of the Attorney General Sean D. Reyes PO Box 142320 Salt Lake City UT 84114Office of the Attorney General Mark R. Herring 202 North Ninth Street Richmond VA 23219Office of the Attorney General TJ Donovan 109 State St Montpelier VT 05609Office of the Attorney General Bob Ferguson 800 Fifth Avenue Suite 2000 Seattle WA 98104Office of the Attorney General Josh Kaul PO Box 7857 Madison WI 53707Office of the Attorney General Patrick Morrisey State Capitol Complex Bldg 1 Room E 26 Charleston WV 25305Office of the Attorney General Bridget Hill 2320 Capitol Avenue Cheyenne WY 82002Department of Legal Affairs Talauega Eleasalo V. Ale Executive Office Building 3rd Floor PO Box 7 Utulei AS 96799Attorney General Office of Guam Leevin T Camacho Administration Division 590 S Marine Corps Dr Ste 901 Tamuning GU 96913Office of the Attorney General Edward Manibusan Administration Bldg PO Box 10007 Saipan MP 96950PR Department of Justice Dennise N. Longo Quinones Apartado 9020192 San Juan PR 00902Department of Justice Denise N. George 34-38 Kronprindsens Gade GERS Bldg 2nd Fl St Thomas VI 00802


Attachment 2


NOTICE ADMINISTRATOR

HILSOFT NOTIFICATIONS 10300 SW Allen Blvd Beaverton, OR 97005

P 503-350-5800 [email protected]

February 10, 2020 VIA UPS OR USPS CERTIFIED MAIL

Class Action Fairness Act – Notice to Federal and State Officials

Dear Attorney General: Pursuant to the “Class Action Fairness Act,” (“CAFA”), 28 U.S.C. §1715, please find enclosed information from Western Dental Services, Inc. and RevSpring, Inc. relating to the proposed settlement of a class action lawsuit.

Case: Bulette v. Western Dental Services Inc., Case No. 3:19-cv-00612.

Court: United States District Court, Northern District of California.

Defendants: Western Dental Services, Inc. and RevSpring, Inc.

Summary: Plaintiffs allege that Defendants sent text messages in violation of the Telephone Consumer Protection Act.

Judicial Hearing Scheduled: The Court has scheduled the Preliminary Approval Hearing has been scheduled for March 6, 2020. At this time, a Final Approval Hearing has not been scheduled by the Court. At the time of the hearings, these matters may be continued without further notice.

No Other Agreements or Judicial Opinions: There are no other agreements between class counsel and counsel for Defendants, there are no final judgments or notices of dismissal in this matter, and there are no written judicial opinions relating to the materials described under 28 U.S.C. §§ 1715(b)(3)-(6).

Documents Enclosed: Copies of the following documents are contained on the enclosed CD:

1. Class Action Complaint and Class Action Amended Complaint(s);

2. Plaintiff’s Notice of Motion, Unopposed Motion for Preliminary Approval of Class Action Settlement and Incorporated Memorandum of Law;

3. Class Action Settlement Agreement (with exhibits); and

Exhibit A – Claim Form; Exhibit B – Long Form Notice; and Exhibit C – Summary Notice.

4. Table of reasonable estimates of geographic distribution of class members and proportionate share of claims.

Regards,

Notice Administrator

Enclosures


EXHIBIT B


AA1211 v.02

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

If You Received a Text Message from or on behalf of Western Dental After You Texted “Stop” in Response to a Western Dental Text Message, You Are Entitled to a Payment from a Class Action Settlement.

A court authorized this notice. You are not being sued. This is not a solicitation from a lawyer.

A Settlement has been reached in a class action lawsuit about whether Western Dental Services, Inc. and RevSpring, Inc. violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), based on text messages sent to people after RevSpring received a text message containing the word “stop” from such people in response to a Western Dental text message. Western Dental and RevSpring deny the allegations in the lawsuit and the Court has not decided who is right.

Who’s Included? You received this notice because Western Dental’s and RevSpring’s records show that you may be a Settlement Class member. The Settlement Class includes all regular users or subscribers to numbers assigned to wireless carriers to which a text message was attempted using RevSpring’s TalkSoft platform, after RevSpring received a text message containing the word “stop” from such number in response to a Western Dental text message, within four years of February 4, 2019, through March 13, 2020.

What Are the Settlement Terms? RevSpring has agreed to fund a Settlement Fund in an amount totaling $9,700,000. The Settlement Fund will be used to pay all settlement costs, including settlement administration costs, any attorneys’ fees and expenses awarded to Class Counsel by the Court, any service award awarded to the Class Representative by the Court, and all Approved Claims. Members of the Settlement Class who submit Approved Claims shall receive a pro rata share of the Settlement Fund minus a pro rata share of settlement costs. Although the exact amount of each claimant’s share of the Settlement Fund is unknown at this time, the parties expect each claimant’s share will be between $50 and $150. Only Approved Claims will be paid. Only one claim per telephone number will be validated and deemed an Approved Claim.

How Can I Get a Payment? By completing the Claim Form attached to this notice and submitting it by U.S. Mail to the Settlement Administrator at the address on the Claim Form. You may also download or file a Claim Form online at www.WDSTCPASettlement.com. If you send in a Claim Form by regular mail, it must be postmarked on or before June 12, 2020. The deadline to file a Claim Form online is 11:59 p.m. EST on June 12, 2020.

What Are My Other Options? If you do not want to be legally bound by the Settlement, you must exclude yourself by June 12, 2020, by sending the Settlement Administrator a letter that complies with the procedure set forth in the Settlement and FAQ 11 of the Long Form Notice, available at the Settlement Website. If you do not exclude yourself, you can share in the Settlement Fund by completing and submitting a Claim Form, and you will release any claims you may have, as more fully described in the Settlement Agreement, available at the Settlement Website. Even if you submit a Claim Form, you may object to the Settlement by June 12, 2020, by complying with the objection procedures detailed in the Settlement. The Court will hold a Final Approval Hearing on July 17, 2020, to consider whether to approve the Settlement and a request for attorneys’ fees not to exceed one quarter of the Settlement Fund and reimbursement of expenses, and a request for a service award of $5,000 to the Class Representative. You may appear at the hearing, either yourself or through an attorney hired by you, but you do not have to. For more information, call the Settlement Administrator or visit the Settlement Website.

www.WDSTCPASettlement.com 1-866-977-0903


01-CA5087AA1191 v.03 1

Western Dental Services, Inc. and RevSpring, Inc. Settlement Claim Form

Case No. 3:19-cv-00612-MMC

Return this Claim Form to: Western Dental Settlement Administrator, PO Box 4418, Portland, OR 97208-4418For questions, visit www.WDSTCPASettlement.com or call 1-866-977-0903.

DEADLINE: THIS CLAIM FORM MUST BE SUBMITTED ONLINE OR POSTMARKED BY JUNE 12, 2020, BE FULLY COMPLETED, BE SIGNED UNDER OATH, AND MEET ALL CONDITIONS OF THE

SETTLEMENT AGREEMENT.

YOU MUST SUBMIT THIS CLAIM FORM TO RECEIVE A SETTLEMENT PAYMENT.

Please note that if you are a Class Member, the Class Member Verification section below requires you to state, under penalty of perjury, that all information contained therein is true and correct. This Claim Form may be researched and verified by the Settlement Administrator.

YOUR CONTACT INFORMATIONFirst Name MI Last Name

Current Address

City State ZIP Code

Telephone Number on the Date You Received a Text Message (as verified below)– –

Email Address

(Please provide a phone number where you can be reached if further information is required.)Current Phone Number

– – or check if same as above

Class Member Verification

By submitting this claim form, I declare under penalty of perjury that to the best of my knowledge I received one (1) or more text message concerning Western Dental after I texted the word “stop” in response to a Western Dental text message.

************************************************************************Additional information regarding the Settlement can be found at www.WDSTCPASettlement.com

Date: – –MM DD YYYY

Signature

Print Name

If you have questions, you may call the Settlement Administrator at 1-866-977-0903.

Placeholder MailID Barcode *Placeholder Human-Readable MailID* required

Unique ID: << Unique ID>>Case 3:19-cv-00612-MMC Document 80-4 Filed 07/02/20 Page 23 of 27

EXHIBIT C


Subject: Notice of Settlement - Western Dental Services, Inc. and RevSpring, Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

If You Received a Text Message from or on behalf of Western Dental After You Texted “Stop” in Response to a Western Dental Text Message, You Are Entitled to a Payment from a Class Action Settlement.

A court authorized this notice. You are not being sued. This is not a solicitation from a lawyer.

A Settlement has been reached in a class action lawsuit about whether Western Dental Services, Inc. and RevSpring, Inc. violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), based on text messages sent to people after RevSpring received a text message containing the word “stop” from such people in response to a Western Dental text message. Western Dental and RevSpring deny the allegations in the lawsuit and the Court has not decided who is right.

Who’s Included? You received this notice because Western Dental’s and RevSpring’s records show that you may be a Settlement Class member. The Settlement Class includes all regular users or subscribers to numbers assigned to wireless carriers to which a text message was attempted using RevSpring’s TalkSoft platform, after RevSpring received a text message containing the word “stop” from such number in response to a Western Dental text message, within four years of February 4, 2019, through March 13, 2020.

What Are the Settlement Terms? RevSpring has agreed to fund a Settlement Fund in an amount totaling $9,700,000. The Settlement Fund will be used to pay all settlement costs, including settlement administration costs, any attorneys’fees and expenses awarded to Class Counsel by the Court, any service award awarded to the Class Representative by the Court, and all Approved Claims. Members of the Settlement Class who submit Approved Claims shall receive apro rata share of the Settlement Fund minus a pro rata share of settlement costs. Although the exact amount of each claimant’s share of the Settlement Fund is unknown at this time, the parties expect each claimant’s share will be between $50 and $150. Only Approved Claims will be paid. Only one claim per telephone number will be validated and deemed an Approved Claim.

How Can I Get a Payment? You may download a copy of the Claim Form or file a Claim Form here or at www.WDSTCPASettlement.com/Home/SubmitClaim. If you send in a Claim Form by regular mail, it must be postmarked on or before June 12, 2020. The deadline to file a Claim Form online is 11:59 p.m. EST on June 12, 2020.

What Are My Other Options? If you do not want to be legally bound by the Settlement, you must exclude yourself by June 12, 2020, by sending the Settlement Administrator a letter that complies with the procedure set forth in the Settlement and FAQ 11 of the Long Form Notice, available at the Settlement Website. If you do not exclude yourself, you can share in the Settlement Fund by completing and submitting a Claim Form, and you will release any claims you may have, as more fully described in the Settlement Agreement, available at the Settlement Website. Even if you submit a Claim Form, you may object to the Settlement by June 12, 2020, by complying with the objection procedures detailed in the Settlement. The Court will hold a Final Approval Hearing on July 17, 2020, to consider whether to approve the Settlement and a request for attorneys’ fees not to exceed one quarter of the Settlement Fund and reimbursement of expenses, and a request for a service award of $5,000 to the Class Representative. You may appear at the hearing, either yourself or through an attorney hired by you, but you do not have to. For more information, call the Settlement Administrator or visit the Settlement Website.

www.WDSTCPASettlement.com 1-866-977-0903


EXHIBIT D


ID Number Name

334789 Gloria Hamilton

228282 Mary Arment

268342 Christine Anderson

152956 Clayton Kong

97553 Kathleen Dickinson

180583 Deenie Crawley

222801 Eva Rivera

279134 Marcos Rodriguez

219440 Dell Webb

273412 Vijaya Manithati

52247 Amy Hernandez

294091 Mike Kamaitis

306871 Mayra Blancas

123438 Dominga Martinez

66194 Jenni Dunn

101887 James Davis Jr

127774 Angel Jimenez

158903 Vibha Wati Pratap

175282 Laura Carlos

266686 Sumitra Gurung

93710 Thanh Huynh

263253 Vanessa Lopez

112416 Miriam Hernandez

235639 Aaron Bell

Bulette v. Western Dental Services, Inc.

Timely Valid Requests for Exclusion
