Subject: LAW
Pittman, Dutton, Hellums, Bradley & Mann, P.C., Announces a Class Action Settlement on Behalf of Individuals Who Had One or More Vivint Smart Home Accounts Opened in Their Name Without Their Authorization
BIRMINGHAM, Ala., Feb. 15, 2024 /PRNewswire/ --
NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
YOU MAY BE ENTITLED TO A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT IF YOUR CREDIT WAS ACCESSED BY VIVINT, INC. TO OPEN ACCOUNTS WITHOUT AUTHORIZATION OR IF YOU WERE SUBJECTED TO COLLECTION ATTEMPTS REGARDING SUCH ACCOUNTS. THIS SETTLEMENT IS ENTIRELY SEPARATE FROM VIVINT'S SETTLEMENT WITH THE FEDERAL TRADE COMMISSION.
For more information, visit www.VivintFCRASettlement.com.
Para una notificacion en Espanol, visitar www.VivintFCRASettlement.com.
Vivint, Inc. ("Vivint") is a company that sells and services smart home security systems across the United States. A settlement has been reached in a class action lawsuit involving allegations that Vivint accessed credit information in violation of the Fair Credit Reporting Act and created Vivint accounts without authorization. The proposed settlement is not an admission of wrongdoing by Vivint, and Vivint denies that it violated the law. The Court has not decided who is right or wrong. Rather, to save the time, expense, and distraction of litigation, Vivint has agreed to a settlement of the class action lawsuit. That settlement has been preliminarily approved by a Court in Birmingham, Alabama. For complete information visit www.VivintFCRASettlement.com.
As part of the settlement, Vivint has agreed to establish a settlement fund of $9,750,000, from which Class Members may submit a Claim Form to receive a cash payment. The exact amount of each Class Member's payment is unknown at this time; but it will be up to $1,200 per account created in their name without authorization for which he or she was subjected to collection attempts and $250 per additional account created in his or her name without authorization that was not subjected to collection attempts, to be paid from the settlement fund. Please visit www.VivintFCRASettlement.com to learn more about the settlement and your rights and options, including how to submit a Claim Form electronically or by mail, as well as how to exclude yourself or object to the settlement. Claim Forms must be submitted by June 7, 2024.
As part of the settlement, Class Counsel will request an award of attorneys' fees not to exceed one-third (1/3) of the settlement fund and expenses (including costs) not to exceed One Hundred Sixty-Five Thousand dollars ($165,000.00). The Class Representatives will also petition the Court for a total award of $30,000.00 for their services in bringing this suit. It is not expected that the award of fees or the service award will reduce the benefit to any Class Member, but it is possible depending on the number of valid claims submitted. You may retain your own counsel, but only at your own expense.
The sole purpose of this notice is to inform you of the settlement so that you can decide what to do about it.
For more information, and to submit a Claim Form, visit www.VivintFCRASettlement.com.
Summary Of Your Legal Rights And Options In The Settlement
You May: | Result: | Due Date: |
AGREE WITH THE SETTLEMENT AND SUBMIT A CLAIM FORM
| By submitting a claim, you are eligible to receive a payment from the Settlement Fund if your claim is deemed valid, but you give up your right to be part of any other lawsuits involving claims associated with this case, if any. | The Claim Form must be submitted through the settlement website, sent by email, or must be postmarked by June 7, 2024, or your claim will be rejected.
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EXCLUDE YOURSELF FROM THE SETTLEMENT | You get no payment, but you can be a part of future lawsuits involving claims associated with this case, if any. | Your exclusion request must be submitted in writing and mailed to the Settlement Administrator, postmarked no later than April 15, 2024. |
OBJECT TO THE SETTLEMENT | Write to the Court about the reasons that you're against the settlement. | Your Objection and, if applicable, your Notice of Intention to Appear at the Final Approval Hearing, must be in writing and filed with the Court with copies to all counsel by April 15, 2024. |
ATTEND A HEARING | If you timely submit an Objection and Intention to Appear at the Final Approval Hearing, you may be allowed to speak in Court about the fairness of the settlement. | The Final Approval Hearing is scheduled to take place on April 23, 2024. |
DO NOTHING | If you do nothing, you get no payment and give up your legal rights. |
For complete information about the settlement and your options, related Court documents, and Claim Form, please visit www.VivintFCRASettlement.com or call (800) 513-1506. You may also contact the attorneys for the class: Jon Mann, Austin Whitten, or Mike Bradley of Pittman, Dutton, Hellums, Bradley & Mann, P.C., 2001 Park Place, Suite 1100, Birmingham, AL 35203, (205) 986-2077.
SOURCE Pittman, Dutton, Hellums, Bradley & Mann, P.C.
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