A Court authorized the notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Rachel Bulette, individually and on behalf of all others similarly situated, v. Western Dental Services, Inc. and RevSpring, Inc., N.D. Cal. Case No. 3:19-cv-00612-MMC, and about all of your options before the Court decides whether to give Final Approval to the Settlement. The notice explains the lawsuit, the Settlement, and your legal rights.
The United States District Court, Northern District of California is overseeing this case. The person that sued, Rachel Bulette, is called the “Plaintiff.” Western Dental Services, Inc. and RevSpring, Inc. are called the “Defendants.”
A copy of the notice can be found here.Back To Top
The lawsuit alleges that Western Dental and RevSpring violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), based on autodialed texts to individuals after such individuals requested that such texts stop. The lawsuit seeks actual and/or statutory damages under the TCPA on behalf of the named Plaintiff and similarly situated classes of individuals in the United States.
Western Dental and RevSpring deny each and every allegation of wrongdoing, liability, and damages that was or could have been asserted in the litigation, and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.
The Plaintiff’s Complaint, the Settlement Agreement, and other case-related documents are posted on the Documents page. The Settlement resolves the lawsuit. The Court has not decided who is right.Back To Top
The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts, among other things, unsolicited autodialed text messages.Back To Top
In a class action, one person called the “Class Representative” (in this case, Plaintiff Rachel Bulette) sues on behalf of herself and other people with similar claims.
All of the people who have claims similar to Plaintiff’s are members of the Settlement Class, except for those who exclude themselves from the class.Back To Top
The Court has not found in favor of Plaintiff, Western Dental, or RevSpring. Instead, the parties have agreed to a Settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Members will receive the benefits described in the notice. Western Dental and RevSpring deny all legal claims in this case, but are settling to avoid the uncertainties and costs attendant with litigation. Plaintiff and her lawyers think the proposed Settlement is best for everyone who is affected.Back To Top
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.
Excluded from the Settlement Class are (a) the Judges who have presided over the Litigation and their immediate family members; (b) Defendants, Defendants’ officers, Defendants’ directors, and their immediate family members; and (c) the legal representatives of any such excluded person(s).Back To Top
If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, you may call or send questions to the Settlement Administrator at 1-866-977-0903 or info@WDSTCPASettlement.com.Back To Top
RevSpring has agreed to fund a Settlement Fund totaling $9,700,000. The Settlement Fund will be used to pay all settlement costs, including settlement administration costs, any attorneys’ fees, costs, 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.Back To Top
If you qualify for a cash payment, you must complete and submit a valid Claim Form. You can file your Claim Form online on the Submit a Claim page, or download a claim form here and send it by U.S. Mail to the address below. The deadline to file a Claim online was on June 12, 2020. The deadline to file a claim has passed. We are no longer accepting submissions.
Claim Forms submitted by mail must have been postmarked on or before June 12, 2020, to:
Western Dental Settlement Administrator
P.O. Box 4418
Portland, OR 97208-4418
No matter which method you choose to file your Claim Form, please read the Claim Form carefully and provide all the information required. Only one claim per telephone number will be validated and deemed an Approved Claim.Back To Top
Payments to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see FAQ 19). If there are appeals, resolving them can take time. Please be patient.Back To Top
If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Western Dental or RevSpring on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself—or it is sometimes referred to as “opting-out” of the Settlement Class.
To exclude yourself from the Settlement, you must send a timely letter by mail to:
Western Dental Settlement Administrator
P.O. Box 4418
Portland, OR 97208-4418
Your request to be excluded from the Settlement must be personally signed by you, be dated, include your full name (or, if a business, business name), address, and the telephone number that allegedly received a text or texts sent by or on behalf of Western Dental after you texted “stop” after receiving a text from Western Dental, and must clearly state that you wish to be excluded from the Litigation and the Agreement. Absent excluding yourself or “opting out” you are otherwise a member of the Settlement Class.
Your exclusion request must have been postmarked no later than June 12, 2020. The exclusion deadline has passed and you can no longer make a request to exclude yourself. You cannot ask to be excluded on the phone, by email, or on this website. Opt-outs must be made individually and cannot be made on behalf of other members of the Settlement Class.Back To Top
No. Unless you exclude yourself, you give up the right to sue Western Dental or RevSpring or any of the Released Parties for the claims that the Settlement resolves. You must exclude yourself from this Settlement to pursue your own lawsuit.Back To Top
Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against Western Dental or RevSpring or any of the Released Parties about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you.
The Settlement Agreement is available here. The Settlement Agreement provides more detail regarding the Release and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firm representing the Class (Class Counsel) listed in FAQ 15 for free at (305) 469-5881, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.Back To Top
No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.Back To Top
The Court has appointed Avi R. Kaufman and Rachel E. Kaufman of Kaufman P.A. (located at 400 NW 26th Street, Miami, FL 33127) and Stefan Coleman of Law Offices of Stefan Coleman, P.A. (located at 201 S Biscayne Blvd, 28th Floor, Miami, FL 33131) as “Class Counsel” to represent all members of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.Back To Top
Class Counsel intend to request attorneys’ fees in an amount not to exceed one quarter of the Settlement Fund, plus reimbursement of out-of-pocket expenses incurred in the litigation, not to exceed $25,000. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will decide the amount of fees and expenses to award.
Class Counsel also will request that a service award not to exceed $5,000 be paid from the Settlement Fund to the Class Representative for her service as representative on behalf of the whole Settlement Class.Back To Top
If you are a member of the Settlement Class (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must timely submit a letter that includes the following:
If you wish to object, you must file your objection with the Court by (a) using the Court’s electronic filing system, (b) mailing it to the Clerk of Court, United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, or (c) filing it in person at that location. Your objection must have been filed and/or postmarked by June 12, 2020. The objection deadline has passed and you can no longer object.Back To Top
Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.Back To Top
The Final Approval Hearing has been held. Final approval was granted on July 17, 2020. Class Counsel's Notice of Motion, Motion for Service Award and Class Counsel Fees and Costs, and Incorporated Memorandum of Law is available here. The Final Approval Order is available here.
Approval of the Settlement has released all claims in the class action. The specific release of claims is provided in the Amended Settlement Agreement, which can be found here.Back To Top
No. The hearing has passed. Class Counsel answered any questions the Court had. The Final Approval Hearing has been held. Final approval was granted on July 17, 2020.Back To Top
The hearing has passed. The Final Approval Hearing has been held. Final approval was granted on July 17, 2020.Back To Top
If you are a member of the Settlement Class and do nothing, meaning you do not file a timely Claim, you will not get benefits from the Settlement. Further, unless you exclude yourself, you will be bound by the judgment entered by the Court.Back To Top
This website summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement available here, by contacting Class Counsel Kaufman P.A. at (305) 469-5881, by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. You also may call or write with questions to the Settlement Administrator at 1-866-977-0903, Western Dental Settlement Administrator, P.O. Box 4418, Portland, OR 97208-4418, or at info@WDSTCPASettlement.com.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.Back To Top