Daisy, Inc. v. Pollo Operations, Inc. Class Action Settlement

Daisy, Inc. v. Pollo Operations, Inc. Class Action Settlement

  • $2,150,000 Settlement Fund
  • Submit Claim Form online through designated webpage

A settlement has been reached in the Daisy, Inc. v. Pollo Operations, Inc. class action lawsuit.  The plaintiff  filed the lawsuit alleging the defendant violated the federal Telephone Consumer Protection Act by sending facsimile images of Pollo Tropical coupons between December 23rd, 2010 and January 5th, 2011.  All persons who were successfully sent this image are referred to as the “Settlement Class”.

The defendant admits no fault  in this case and has agreed to make available a $2,150,000 Settlement Fund in exchange for a release of all claims against it.  The Settlement Fund will go towards paying class members who submit a claim form, to pay an incentive award to the plaintiff for serving as the class representative, and to pay attorney’s fees and expenses.  Class members who take action and submit a valid Proof of Claim Form in time will be mailed a check for their pro rata share of the Settlement Fund minus attorney fees, expenses, and incentive payment.  Although the settlement has been granted preliminary approval by the court, it is still subject to a fairness hearing to be held on March 6th, 2016.

Class members wanting  to get their hands on their fair share of the settlement fund will need to switch on their computers and go to the settlement’s designated webpage where the Claim Form may be completed online.  The Claim Form is fairly brief and requires class members to enter some basic information such as name, email address, fax number(s), and the unique identifier found in the Proof of Claim section of the mailed notice.  Class members will also need to verify ownership of the fax number(s) by clicking a yes or no answer to statements regarding this subject.  Finally, class members will see that the claim form must be filed by February 8th, 2016.  Once all of the required information is confirmed the class member will simply click on the Submit button at the bottom of the Claim Form to complete the claim submission process.

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