Aug 6, 2019   SOURCE: PR NewsWire

If you received a call from Enagic USA, Inc. or its Distributors you may be entitled to benefits under a class action settlement

LOS ANGELES, Aug. 6, 2019 /PRNewswire/ -- The following notice is being issued by Law Offices of Todd M. Friedman, P.C. and has been authorized by the United States District Court Central District of California, in Makaron vs. Enagic USA, Inc., Case No. 2:15-cv-05145-DDP-E.

You may be affected by a class action lawsuit claiming that Enagic USA, Inc. and its Distributors illegally called cellular telephones using an automatic telephone dialing system without consent. The lawsuit, Edward Makaron v. Enagic USA, Inc., Case No. 2:15-cv-05145-DDP-E, is pending in the U.S. District Court for the Central District of California. The Court decided this lawsuit should be on behalf of a "Class," or group of people that could include you. A Settlement has been reached and you may be entitled to money.

Am I included? You may be in the Settlement as a "Class Member" if you received one or more calls to your cell phone from Defendant or its Distributors between July 8, 2011 and March 13, 2018, and you did not consent to receive such calls. If you received this notice, records obtained in discovery suggest that you may be a Class Member.

What is the case about? This case claims that Enagic USA, Inc. ("Defendant") violated the Telephone Consumer Protection Act by calling cell phones using an automatic telephone dialing system without consent and/or with an artificial or prerecorded voice ("Calls"). Defendant denies it did anything wrong. The Court has not ruled on the merits of the claims. Defendant has agreed to pay twelve dollars ($12.00) to each Class Member who submits a valid and timely claim, pay Class Counsel's attorneys' fees of up to $1,300,000, pay Class Counsel's actual costs up to $60,000, pay a service award to the Class Representative of $7,500, and pay costs and expenses of settlement administration. Defendant has also agreed to an injunction regarding it and its Distributors calling practices and compliance with the Telephone Consumer Protection Act.

What are my rights & options? Class Members have four options:

    1. Submit a Claim: Submit a Claim to the Settlement Administrator to receive
       twelve dollars ($12.00). Claim Forms must be submitted no later than
       November 14, 2019 and are available on the case website at
       www.EnagicTCPASettlement.com.  If the Settlement is approved, you will
       not have the right to sue separately for damages of $500 per call, or
       $1,500 per calls made willfully.
    2. Object to the Settlement:  Remain a Class Member but object to the
       Settlement. Instructions for objecting are available at
       www.EnagicTCPASettlement.com. Objections and supporting documents must be
       mailed to the Court by November 14, 2019. You may choose to pay for and
       be represented by a lawyer who may send the objection for you.
    3. Exclude yourself: Exclude yourself from the Settlement by mailing a
       request to the Settlement Administrator (not the Court). You must state
       in writing your name, address, the cell number at which you believe you
       were called by Defendant or one of its Distributors, and that you want to
       be excluded from this Settlement. Exclusions must be signed and
       postmarked no later than November 14, 2019.
    4. Do Nothing: If you do nothing, you will remain part of the Settlement
       Class and will release your claims against the Released Parties, but you
       will not receive any money from this Settlement.

Who represents me? The Court has appointed the Law Offices of Todd M. Friedman, P.C. to represent you and other Class Members as Class Counsel. You do not have to pay Class Counsel or anyone else to participate. You may hire your own lawyer to represent you at your own expense. Edward Makaron is a Class member like you, and the Court has appointed him to serve as the "Class Representative."

Has the Court approved the Settlement? The Court will hold a hearing to decide whether to approve the Settlement. This Fairness Hearing will be held at January 13, 2020 at 10:00 a.m. at the United States District Court for the Central District of California, United States Courthouse, 350 W. 1st Street, 6th Floor, Courtroom 9C, Los Angeles, CA 90012. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to award attorneys' fees, expenses, and an incentive award to the Class Representative as described above, and in what amounts. The hearing may be changed without additional written notice, so you should check the Settlement Website for updates. It is not necessary for you to appear at this hearing, but you may attend at your own expense.

Want more information? This is a summary notice only; additional details of the Settlement can be found at www.EnagicTCPASettlement.com or by calling 1-888-662-7142.

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SOURCE Law Offices of Todd M. Friedman, P.C.