Aaland v. One Planet Ops, Inc., et al.
Aaland v. One Planet Settlement
19-2-24212-4 SEA

Frequently Asked Questions

 

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  • The Court directed that the Notice be provided because you have a right to know about a proposed settlement that has been reached in this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the payments that the Settlement allows. The Notice explains the lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to get them.

    The Court in charge of this case is the Superior Court of the State of Washington, County of King. The case is known as Michael Aaland v. Contractors.com LLC, and One Planet Ops Inc., Cause No. 19 2 24212-4 SEA (the “Action”). The person who filed the Action is called the Plaintiff and the entities they sued are called the Defendants.

  • The Action claims that Defendant sent the Text Messages in violation of the Washington State Consumer Protection Act. The Action seeks, among other things, payment for persons who received such Text Messages.

    Defendant has denied and continues to deny all of the claims made in the Action, as well as all charges of wrongdoing or liability against it.

  • In a class action, one or more people called Class Representatives (in this case, Michael Aaland) sue on behalf of people who have similar claims. Together, all these people are called a Class or Class members. One Court and one judge resolves the issues for all Class members, except for those who exclude themselves from the Settlement Class.

  • The Court did not decide in favor of the Plaintiff or Defendant. Instead, the Plaintiff negotiated a settlement with Defendant that allows both Plaintiff and Defendant to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Settlement Class Members to obtain payment without further delay. The Class Representative and his attorneys think the Settlement is in the best interest of all Settlement Class Members. This Settlement does not mean that Defendant did anything wrong.

  • You are a part of this Settlement as a Settlement Class Member if you meet the following definition, approved by the Court:

    All residents of Washington state with a cellular telephone number to which at least one electronic commercial text message was transmitted by Contractors.com, or someone acting on behalf of Defendant. The Settlement Class is defined to include all persons who could claim to have suffered any injury or could assert any claims as a result of the sending or receipt of Text Messages to the mobile telephone numbers listed in Exhibit 5 of the Parties’ Settlement Agreement.

    If you have received this notice, then you have been identified as a person who may have received such a Text Message.

  • Yes. Specifically excluded from the Settlement Class are: (i) Defendant and its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; and (iii) the Judge assigned to evaluate the fairness of this settlement.

  • The Settlement will provide payments to people who submit valid claims. If the Settlement is approved, Defendant will be obligated to make a payment of $774,500.00, inclusive of all funds necessary to effectuate the Settlement other than internal costs incidental to providing the leads described below. The Gross Settlement Payment includes the Settlement Administration Costs, the Fee Award and Costs, the Class Representative Service Award, and all Individual Settlement Payments to Settlement Class Members who submit a timely and valid Claim Form. Persons who submit a timely and valid claim will be entitled to payment of at least $120 and up to $1,500, depending on the number of claims received. The total amount of any unclaimed funds will be paid, subject to Court approval, to the following charity: Downtown Seattle Association.

    In addition, Defendant will also provide codes for six (6) redeemable leads. Each lead is valued at $50.00. In the postcard or email notice, each Settlement Class Member will receive a unique code to redeem the free leads. To redeem leads using the unique code, call 1-888-691-3561. You will be asked to provide information that will allow Defendant to tailor the Leads to your business needs. Leads redeemed prior to the time that the Court finally approves the settlement will be provided after the settlement is finally approved and becomes effective. Leads may be redeemed until settlement administration terminates, which is one year after the Effective Date of the settlement, as defined in the Settlement Agreement.

  • To ask for a payment, you must complete and Submit a Claim Form. You may file a Claim Form online, or you may request one by mail by calling 1-888-691-3561. Read the instructions carefully, fill out the Claim Form, and submit it online or mail it postmarked no later than October 18, 2021, to:

    Aaland v. One Planet Settlement
    c/o JND Legal Administration
    PO Box 91414
    Seattle, WA 98111

    If you file a valid Claim Form, you will receive information about how to redeem your free leads at the email address you provided. If you choose not to file a Claim Form, you may still request to redeem your leads by visiting the Redeem Leads page and entering the Lead ID that was provided on the postcard notice you received.  If you misplaced the Lead ID from your postcard, you can contact the Settlement Administrator by calling 1-888-691-3561 to request your Lead ID. Leads must be redeemed before the settlement administration terminates, which is one year after an order approving the settlement becomes final.

  • The Settlement Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Settlement Administrator may require additional information from any claimant. If the required information is not timely provided, the claim will be considered invalid and will not be paid.

  • The Court will hold a Final Approval Hearing at 9:00 a.m. on November 19, 2021, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether any appeals can be resolved favorably, and resolving them can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed, depending on the number of claims submitted and whether any appeals are filed. Please be patient.

  • You do not have to do anything to remain in the Settlement, but if you want a payment you must submit a Claim Form online or postmarked by October 18, 2021. You are still able to redeem your six free leads as described in Question 8 above.

  • If the Settlement becomes final, you will give up your right to sue Defendant for the claims being resolved by this Settlement. The specific claims you are giving up against Defendant are described in Section 1.27 of the Settlement Agreement. You will be “releasing” Defendant and all related people or entities as described in Section 1.28 of the Settlement Agreement. The Settlement Agreement is available on the Important Documents page.

    The Settlement Agreement describes the Released Claims with specific descriptions, so read it carefully. If you have any questions about what this means you can talk to the law firms listed in Question 16 for free or you can, of course, talk to your own lawyer at your own expense.

  • If you do not want a payment from this Settlement, but you want to keep the right to sue Defendant about issues in the Litigation, then you must take steps to get out of the Settlement Class. This is called excluding yourself from – or is sometimes referred to as “opting out” of – the Settlement Class.

  • No. If you exclude yourself from the Settlement, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case.

  • No. Unless you exclude yourself from the Settlement, you give up any right to sue Defendant for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for a payment.

  • To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from the Settlement in Michael Aaland v. Contractors.com LLC, and One Planet Ops Inc., Cause No. 19 2 24212-4 SEA. Your letter must also include your name, address, and signature. You must mail your exclusion request postmarked no later than October 18, 2021, to:

    Aaland v. One Planet Settlement. - Exclusions
    c/o JND Legal Administration
    PO Box 91414
    Seattle, WA 98111

  • Yes. The Court appointed Jason A. Rittereiser, Rachel M. Emens, Henry Brudney, and Donald Heyrich of HKM Employment Attorneys LLP 600 Stewart Street, Suite 901, Seattle, WA 98101 and Peter D. Stutheit of Stutheit Kalin LLC, 308 SW 1st Avenue, Suite 325, Portland, OR 97204 to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • If the Settlement is approved and becomes final, Class Counsel will ask the Court to award attorneys’ fees, costs, and expenses not to exceed 30 percent of the Total Settlement Value of $1,529,000. Class Counsel will also request approval of a service award of $5,000 for the Class Representative.

  • You can tell the Court that you do not agree with the Settlement or some part of it.

  • If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you must file with the Court and mail copies to Class Counsel and Defendant’s Counsel a written notice stating that you object to the Settlement in Michael Aaland v. Contractors.com LLC, and One Planet Ops Inc., Cause No. 19-2-24212-4 SEA.

    Your objection must include:

    1. your full name, address, telephone number, and e-mail address;
    2. information or proof showing you are a Settlement Class Member;
    3. the reasons why you object to the Settlement, including any documents supporting your objection;
    4. the name and address of your attorney, if you have retained one;
    5. the name and address of any attorneys representing you that may appear at the Final Approval Hearing;
    6. a statement confirming whether you and/or your counsel intend to personally appear and/or testify at the Final Approval Hearing;
    7. a list, by case name, court, and docket number, of all other cases in which you (directly or through a lawyer) have filed an objection to any proposed class action settlement within the last three years;
    8. a list, by case name, court, and docket number, of all other cases in which your lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three years; and,
    9. your signature or the signature of your attorney or other duly authorized representative (along with documentation illustrating representation).

     

    Your objection must be filed with the Clerk of the Superior Court of the State of Washington, County of King, 516 Third Avenue, Room E-609, Seattle, WA 98104 no later than October 18, 2021. You must also mail copies of your objection to Class Counsel and Defendant’s Counsel postmarked no later than October 18, 2021, at all of the addresses below.

     

    CLASS COUNSEL DEFENDANT’S COUNSEL

    Jason A. Rittereiser, Rachel M. Emens,
    Henry Brudney, and Donald Heyrich
    HKM EMPLOYMENT ATTORNEYS LLP
    600 Stewart Street, Suite 901
    Seattle, WA 98101

    Peter D. Stutheit
    STUTHEIT KALIN LLC
    308 SW 1st Avenue, Suite 325
    Portland, OR 97204

    Paul G. Karlsgodt
    BAKER & HOSTETLER LLP
    1801 California Street, Suite 4400
    Denver, Colorado 80202-2662

  • Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself from the Settlement, you have no basis to object or submit a Claim Form because the Settlement no longer affects you.

  • The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you do not have to. You cannot speak at the hearing if you exclude yourself from the Settlement.

  • The Court will hold a Final Approval Hearing at 9:00 a.m. on November 19, 2021, in the Superior Court of the State of Washington, County of King, 516 Third Avenue, Seattle, WA 98104. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will take into consideration any properly-filed written objections and may also listen to people who have asked to speak at the hearing (see Question 18). The Court will also decide whether to approve fees and costs to Class Counsel, and the service awards to the Class Representative.

  • No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.

  • Yes, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must follow the instructions provided in Question 18 above. You cannot speak at the hearing if you exclude yourself from the Settlement.

  • If you do nothing, you will not receive any compensation from this Settlement but you are still able to redeem your six free leads as described in Question 8 above. If the Court approves the Settlement, you will be bound by the Settlement Agreement and the Release. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or related parties about the issues involved in the Action, resolved by this Settlement, and released by the Settlement Agreement.

  • Yes. The Long Form Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, found on the Important Documents page, or by writing to the Settlement Administrator at Aaland v. One Planet Settlement., c/o JND Legal Administration, P.O. Box 91414, Seattle, WA 98111.

  • You may call the Settlement Administrator toll-free at 1-888-691-3561, or write to the Settlement Administrator at Aaland v. One Planet Settlement, c/o JND Legal Administration, P.O. Box 91414, Seattle, WA 98111. You may also contact the Settlement Administrator by email at info@optextclassaction.com.

    Please do not call the Court or the Clerk of the Court for additional information.

    They cannot answer any questions regarding the Settlement or the Action.

For More Information

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Mail
Aaland v. One Planet Ops, Inc.
c/o JND Legal Administration
PO Box 91414
Seattle, WA 98111