Update: Distribution of Settlement Awards began on November 7, 2023. Please allow 14 day for delivery of your paper check. Please email info@tfcipasettlement.com if you have any questions.
Settlement Information
A proposed settlement has been reached in a class action alleging that Top Flite Financial, Inc. (“Defendant”) recorded phone calls without consent between itself and third parties, through means of telephone or other device, in violation of the Invasion Of Privacy Act, California Penal Code. §§ 630, et seq. (“IPA”). Defendant strongly denies any claims of wrongdoing, but has agreed to settle the lawsuit (see Court Documents and FAQs for definition) to avoid the burden and cost of further litigation. Capitalized terms used in this Notice, other than those defined in this Notice, shall have the same meaning as set forth in the Settlement Agreement.
Who Is a Class Member?
You are a member of the Settlement Class if:
- Defendant recorded a telephone conversation with you during the period commencing April 8, 2019 to June 7, 2019, without your consent.
- You are not a current or former employee, officer, director, agent, or legal representative of Defendant, or its affiliated entities.
Your Legal Rights and Options
Option and Deadline |
Your Legal Rights |
Submit a Claim Form to Opt In to Join the Settlement ClassBy Deadline Passed |
Stay in the Class and submit a Claim Form to receive a payment.
If you are a valid Settlement Class Member and wish to receive your portion of the Settlement Fund, you need to complete and submit a Claim Form. You may submit a claim form online here or by mailing a claim form to PO Box 4386, Baton Rouge, LA 70821. After the Court’s final approval of the Settlement, you will then receive a payment for an amount that shall be calculated pro rata based on the number of Valid Claim Forms that are submitted by the Settlement Class. Any uncashed checks or unclaimed funds will be delivered to the State Controller’s Office for Unclaimed Property in the name of the Settlement Class Members. If 100% of Settlement Class Members submitted claims, it is estimated that the pro rata share would be approximately $12.74, but it may be more or less. |
ASK tO bE eXCLUDEDBy Deadline Passed |
Get no benefits under the settlement.
You can opt out of the settlement by submitting a Valid Exclusion Request available here to the Claims Administrator. If you do so, you will not be eligible to receive a settlement payment. But you will retain the right to sue Defendant on your own regarding any claims that are part of the settlement. |
sUBMIT AN oBJECTIONBy Deadline Passed |
Write to the Claims Administrator about why you do not think the Settlement is fair, reasonable, or adequate.
You may remain a part of the Settlement Class and object to the settlement. You may appear and speak at the Final Approval Hearing on your own or through a lawyer hired by you at your own expense. If the settlement is approved over your objection, however you will be bound by the settlement and give up your right to sue on your own regarding any claims that are part of the settlement. |
ATTEND THE FAIRNESS HEARINGOn August 24, 2023 |
The Court will hold a Final Approval Hearing on August 24, 2023, at 10:00 a.m. in Department 7 of the Superior Court of Los Angeles County, the Honorable Lawrence Riff presiding, located at 312 N. Spring Street, Los Angeles, California 90012. |
Extensions for remailed NoticesBy Deadline Passed |
If your notice was initially returned as undeliverable and is re-mailed by the Claims Administrator to an updated address, you have fifteen (15) additional days to submit a claim, ask to be excluded, or submit an objection.
The deadline to exclude yourself from the settlement is July 3, 2023, with an extension to July 18, 2023, for those class members whose initial notice was returned by the USPS. Please review your settlement notice to confirm your specific deadline, or contact the Claims Administrator at info@TFCIPAsettlement.com or 1-844-524-1520 to confirm. |
Do NothingNo Deadline |
You will not get payment from this Settlement and you will give up certain legal rights.
If you do nothing, you will become a Class Member bound by the terms of the Settlement Agreement and Final Judgment, thus forfeiting your right to sue on your own regarding any claims that are part of the settlement. However, your failure to timely submit a Valid Claim Form will forfeit your right to receive your portion of the Settlement Fund. |
Dates and Deadlines
Claims Deadline
July 3, 2023
Exclusion Deadline
July 3, 2023
Objection Deadline
July 3, 2023
Fairness Hearing
August 24, 2023