Update: The Court granted Final Approval of the Settlement on March 2, 2023. Payments are set to be distributed within 45 days of Final Approval.
Settlement Information
A proposed settlement has been reached in a class action alleging that Delta Drugs, II. Inc. (“Defendant”) or its vendors recorded phone calls without consent between itself and third parties, through means of telephone or other device, in violation of the Invasion Of Privacy Act, California Penal Code. §§ 630, et seq. (“IPA”). Defendant strongly denies any claims of wrongdoing, but has agreed to settle the lawsuit (see Court Documents and FAQs for definition) to avoid the burden and cost of further litigation.
Who Is a Class Member?
You are a member of the Settlement Class if:
- Defendant or one of its vendors recorded a conversation by means of telephone or other device during the period commencing January 1, 2020, through and including May 25, 2022, without your consent.
- You are not a current or former employee, officer, director, agent, or legal representative of Defendant, or its affiliated entities.
Your Legal Rights and Options
Option and Deadline |
Your Legal Rights |
Do Nothingno deadline |
You will not get payment from this Settlement and you will give up certain legal rights.
If you do nothing, you will become a Class Member bound by the terms of the Settlement Agreement and Final Judgment, thus forfeiting your right to sue on your own regarding any claims that are part of the settlement. However, your failure to timely submit a Valid Claim Form will forfeit your right to receive your portion of the Settlement Fund. |
Submit a Claim(Deadline Passed) |
Stay in the Class and submit a Claim Form to receive a payment.
If you are a valid Settlement Class Member and wish to receive your portion of the Settlement Fund, you need to complete and submit a Claim Form, either by mailing it to PO Box 3593, Baton Rouge, LA 70821 or submitting it online here. After the Court’s final approval of the Settlement, you will then be issued a payment for an amount that shall be calculated pro rata based on the number of Valid Claim Forms that are submitted by the Settlement Class. All unclaimed Settlement Funds will then be divided and given 50% to Public Justice, and 50% to the Electronic Privacy Information Center (EPIC). |
Exclude Yourself or Opt Out(Deadline Passed) |
Get no benefits under the settlement.
You can opt out of the settlement by submitting an Opt-Out Form to the Claims Administrator. If you do so, you will not be eligible to receive a settlement payment but you will retain the right to sue Defendant on your own regarding any claims that are part of the settlement. |
Object to the Settlement(Deadline Passed) |
Write to the Claims Administrator about why you do not think the Settlement is fair, reasonable, or adequate.
You may remain a part of the Settlement Class and object to the settlement. You may appear and speak at the Final Approval Hearing on your own or through a lawyer hired by you at your own expense. If the settlement is approved over your objection, however you will be bound by the settlement and give up your right to sue on your own regarding any claims that are part of the settlement. |
Attend the Fairness HearingFebruary 27, 2023 |
The Court will hold a Final Approval Hearing on February 27, 2023, at 10:00 a.m., in Department 6 of the Superior Court of Los Angeles County, the Honorable Elihu M. Berle presiding, located at 312 N. Spring Street, Los Angeles, California 90012. |
Dates and Deadlines
Claims Deadline
September 22, 2022
Exclusion Deadline
September 22, 2022
Objection Deadline
September 22, 2022
Fairness Hearing
February 27, 2023