Frequently Asked Questions

BASIC INFORMATION

1. Why is there a Notice?

A court authorized the Notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Bobby Etri v. Aviator Nation, Inc., Case No. 2023-028208-CA-01, in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, and about all of your options before the Court decides whether to give Final Approval to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.

A Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida is overseeing this case. The person who sued, Bobby Etri, is called the “Plaintiff.” Aviator Nation, Inc. is called the “Defendant” or “Aviator.”

2. What is this litigation about?

The lawsuit alleges that Aviator sent text messages to Plaintiff’s wireless telephone number after already opting out of text messages and without prior express written consent in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, and seeks actual and statutory damages under the TCPA on behalf of the named Plaintiff and a class of all individuals in the United States.

Aviator denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.

The Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted on the Settlement Website, www.aviatortcpasettlement.com. The Settlement resolves the lawsuit. The Court has not decided who is right.

3. What is the TCPA?

The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts telephone solicitations and the use of automated telephone equipment without prior express consent.

4. Why is this a class action?

In a class action, one person called the “Class Representative” (in this case, Plaintiff) sued on behalf of themselves and other people with similar claims.

All the people who have claims similar to the Plaintiff’s claims are Settlement Class Members, except for those who exclude themselves from the class, among others.

5. Why is there a settlement?

The Court has not found in favor of either Plaintiff or Aviator. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described in this Notice. Aviator denies all legal claims in this case. Plaintiff and his lawyers think the proposed Settlement is best for everyone who is affected.

WHO IS PART OF THE SETTLEMENT

6. Who is included in the Settlement?

The Settlement includes all persons who received a text message on their cell phone from Aviator. Specifically, the Settlement Class is defined as:

All persons within the United States who, between November 18, 2018, and April 2, 2024, were sent a text message from Defendant or anyone on Defendant’s behalf, to said person’s cellular telephone number after making a request to Defendant to not receive future text messages.

Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as “Settlement Class Members.”

The Settlement Class excludes the following: (1) the trial judge presiding over this case; (2) Defendants, as well as any parent, subsidiary, affiliate, or control person of Defendants, and the officers, directors, agents, servants, or employees of Defendants; (3) any of the Released Parties; (4) the immediate family of any such person(s); (5) any Settlement Class Member who has timely opted out of this proceeding; and (6) Plaintiff’s Counsel, their employees, and their immediate family.

7. What if I am not sure whether I am included in the Settlement?

If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, call the toll-free number, (866) 611-8803. You also may send questions to the Administrator at Etri v. Aviator Nation, c/o Simpluris, P.O. Box 25226, Santa Ana, CA 92799.

THE SETTLEMENT BENEFITS

8. What does the Settlement provide?

To fully settle and release claims of the Settlement Class Members, Aviator has agreed to make payments to the Settlement Class Members (the “Settlement Fund”) and separately to pay for notice and administration costs of the Settlement, attorneys’ fees and expenses incurred by counsel for the Settlement Class, and a service award for Plaintiff. Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator in the amount provided by the Settlement Agreement posted on the Settlement Website, www.aviatorTCPAsettlement.com. Class Claimants will be sent their Claim Settlement Payments to the address they submitted on their Claim Form within 60 days following the Effective Date. Aviator Nation agrees to pay up to $422,800.00 and each valid claim can receive up to $700.

9. How do I file a Claim?

If you qualify for a payment, you must complete and submit a valid Claim Form. You may submit an online claim form, download a Claim Form in the Important Documents section of this Settlement Website, or request a Claim Form by calling the Administrator at the toll-free number (866) 611-8803. To be valid, a Claim Form must be completed fully, accurately and submitted in a timely manner.

You must submit a Claim Form by U.S. mail or through the Settlement Website, and it must be postmarked by July 30, 2024.

Please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.

10. When will I receive my check?

Payments in the form of a check to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see “Final Approval Hearing” below). If there are appeals, resolving them can take time. Please be patient.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Aviator on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself—or it is sometimes referred to as “opting out” of the Settlement Class.

11. How do I get out of the Settlement?

To exclude yourself from the Settlement, you must send a timely letter by mail to:

Etri v. Aviator Nation Inc

c/o Simpluris, Inc.

P.O. Box 25226

Santa Ana, CA 92799

Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a statement that indicates your desire to be “excluded from the Settlement Class” and that, absent of excluding yourself or “opting out,” you are “otherwise a member of the Settlement Class.”

Your exclusion request must be postmarked no later than June 25, 2024. You cannot ask to be excluded on the phone, by email, or at the Settlement Website.

You may opt out of the Settlement Class only for yourself.

12. If I do not exclude myself, can I sue Aviator for the same thing later?

No. Unless you exclude yourself, you give up the right to sue Aviator for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.

13. What am I giving up to stay in the Settlement Class?

Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against Aviator about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you.

The Settlement Agreement is available in the Important Documents section of this settlement website. The Settlement Agreement provides more detail regarding the Releases and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in Question 15 at no charge to you, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.

14. If I exclude myself, can I still get a payment?

No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.

THE LAWYERS REPRESENTING YOU

15. Do I have a lawyer in the case?

The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.

Scott Edelsberg, Esq.

Chris Gold, Esq.

Edelsberg Law, PA

20900 NE 30th Ave, #417

Aventura, FL 33180

Andrew J. Shamis, Esq.

Garrett O. Berg, Esq.

Shamis & Gentile, P.A.

14 NE 1st Avenue, Suite 705

Miami, FL 33132

You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

16. How will the lawyers be paid?

Class Counsel intends to request up to 25% of the $422,800.00 Settlement Fund for attorneys’ fees which will include reimbursement of reasonable, actual out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid separately from the Settlement Fund. The Court will decide the amount of fees and expenses to award.

Class Counsel will also request that the Service Award of $5,000.00 for Plaintiff be paid separate from the Settlement Fund for their service as Class Representative on behalf of the whole Settlement Class.

OBJECTING TO THE SETTLEMENT

17. How do I tell the Court if I do not like the Settlement?

If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must timely submit a letter that includes the following:

• A heading that includes the case name and case number— Bobby Etri v. Aviator Nation, Inc. Case No. 2023-028208-CA-01;
• Your name, address, telephone number, the cell phone number at which you received text messages from Aviator and if represented by counsel, the name, bar number, address, and telephone number of your counsel;
• A signed statement stating, under penalty of perjury, that you received one or more text message from Aviator and are a member of the Settlement Class;
• A statement of all your objections to the Settlement including your legal and factual basis for each objection;
• A statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel, and if with counsel, the name of your counsel who will attend;
• The number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior objections that were issued by the trial and appellate courts in each listed case;
• A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and
• Any and all agreements that relate to the objection or the process of objecting—whether written or verbal—between you or your counsel and any other person or entity.

If you wish to object, you must file your objection with the Court (using the Court’s electronic filing system or in any manner in which the Court accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by June 25, 2024.

18. What is the difference between objecting and asking to be excluded?

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

THE FINAL APPROVAL HEARING

The Court will hold a hearing to decide whether to approve the Settlement and any requests for fees and expenses (“Final Approval Hearing”).

19. When and where will the Court decide whether to approve the Settlement?

The Court has scheduled a Final Approval Hearing on July 15, 2024, at 1:30 p.m. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this Settlement Website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

20. Do I have to attend the hearing?

No Class Counsel will answer any questions the Court may have. But you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submit your written objection on time to the proper addresses and it complies with all the other requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.

21. May I speak at the hearing?

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, your timely filed objection must include a statement of whether you intend to appear at the Final Approval Hearing (see Question 17 above).

You cannot speak at the hearing if you exclude yourself from the Settlement.

IF YOU DO NOTHING

22. What happens if I do nothing at all?

If you are a Settlement Class member and do nothing, meaning you do not file a timely Claim, you will not get benefits from the Settlement. Further, unless you exclude yourself, you will be bound by the judgment entered by the Court.

GETTING MORE INFORMATION

23. How do I get more information?

This Notice summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement on the Important Documents page. You also may write with questions to the Settlement Administrator at Aviator Nation Settlement Administrator, P.O. Box 25226, Santa Ana, CA 92799 or call the toll-free number, (866) 611-8803.