OFFICIAL COURT-APPROVED LEGAL NOTICE
Benbow, et al. v. SmileDirectClub, LLC, et al.
Circuit Court of Cook County, Illinois, Case No.2020CH07269
If you received at least one text message between July 7, 2016 and February 4, 2021 from or on behalf of SmileDirectClub, LLC or SmileDirectClub, Inc., you could receive a cash payment from a class action lawsuit.
A Court authorized this notice.
You are not being sued. This is not a solicitation from a lawyer.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT|
|SUBMIT THE CLAIM FORM BY
The only way to receive a payment. By participating in the settlement, you will be bound by the terms of the Settlement Agreement and will give up certain rights.
You may revoke consent to receive future text messages and phone calls from or on behalf of SmileDirectClub, LLC and SmileDirectClub, Inc. by following the instructions in this link to submit a Revocation Request. If you do not submit a Revocation Request, you are providing your prior express written consent to receive future recurring marketing text messages and phone calls from or on behalf of SmileDirectClub, LLC and SmileDirectClub, Inc.
Submitting this request will not exclude you from the Settlement. If you wish to exclude yourself from the Settlement, please see below.
|EXCLUDE YOURSELF BY
MAY 4, 2021
|You will receive no payment, but you will retain any rights you currently have to bring a claim against SmileDirectClub, LLC and/or SmileDirectClub, Inc. about the issues in this case. Your request to exclude yourself must be postmarked by May 4, 2021.|
|Write to the Court and explain why you do not like the Settlement. Your objection must be postmarked by May 4, 2021.|
|ATTEND A HEARING ON
MAY 19, 2021
|Ask to speak in Court about the fairness of the Settlement.|
|DO NOTHING||You will not get a share of the Settlement benefits and will give up your rights to bring a claim against SmileDirectClub, LLC and/or SmileDirectClub, Inc. about the issues in this case. Unless you submit a Revocation Request, you will be consenting to receive text messages from SmileDirectClub, LLC and/or SmileDirectClub, Inc. going forward.|
A proposed Settlement has been reached in a class action lawsuit called Benbow, et al. v. SmileDirectClub, LLC, et al. The lawsuit alleges that text messages sent by SmileDirectClub, LLC and SmileDirectClub, Inc. (“Defendants”) violated the Telephone Consumer Protection Act ("TCPA"). Defendants maintain that they did not send unlawful text messages and the lawsuit is without merit. Defendants were prepared to vigorously defend all aspects of it.
The Settlement Class includes all persons in the United States who received one or more text messages that may include advertising or telemarketing under the TCPA, from Defendants between July 7, 2016 and February 4, 2021.
If the Court approves the Settlement, you may be eligible to receive a payment by submitting a Claim Form. Your payment amount will depend on how many Settlement Class Members submit Approved Claims, but is expected to be, and will be no more than, $10. Each Settlement Class Member who submits an Approved Claim will receive the same amount of money from the Settlement.
The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided only after any issues with the Settlement are resolved. Please be patient.