Frequently Asked Questions

  1. What is this lawsuit about?
  2. What is a class action?
  3. How do I know if I am a Plaintiff?
  4. What does the Proposed Settlement provide?
  5. What can I get from the Settlement?
  6. How do I file a claim?
  7. How do I object to the Settlement?
  8. How do I request to be excluded from the Class?
  9. What happens if I did nothing and remain a Member of the Class?
  10. What do I give up under the Settlement?
  11. Do I have a lawyer in this case?
  12. How will Class Counsel and the Class Representative be paid?
  13. When is the Fairness Hearing?
  14. Is there additional information about the Settlement?



1. What is this lawsuit about?

A class action lawsuit is pending in the Court against Intuit Inc., International Card Services, LLC, Albion Management Group, LLC, Voice Marketing, Inc., and SBN Peripherals, Inc. This lawsuit is brought on behalf of anyone in Washington who received a pre-recorded phone message soliciting the purchase of Intuit’s products or services. The lawsuit alleges one or more Defendants’ use of automatic dialing and announcing devices (“ADADs”) to deliver such messages violated federal and Washington laws. Defendants deny this claim. The Court has not ruled on the merits of the lawsuit. The Plaintiff, Global Education Services, Inc., (“GES” or “Class Representative”) has investigated the facts and law related to this case. GES and the attorneys representing GES and the class (“Class Counsel”) have concluded that resolving this lawsuit pursuant to the terms of the Stipulation of Class Action Settlement and Release (“Settlement”) on file with the Court is in the best interests of the Class.

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2. What is a class action?

A class action is a lawsuit in which one or more persons sue on behalf of other similarly situated persons.

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3. How do I know if I am a Plaintiff?

The Court has certified the following Class: All Persons who at any time since June 9, 2005, through the date of the Preliminary Approval Order [May 27, 2011] received on a Washington phone number a pre-recorded or artificial voice message for the purpose of commercial solicitation associated with, or delivered in whole or in part by, or on behalf of, Intuit.

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4. What does the Proposed Settlement provide?

If the Court approves the Settlement, one or more Defendants shall contribute $600,000 to the Legal Aid for Washington (LAW) Fund to support civil legal-aid programs and $400,000 to the Jump$tart Washington Coalition to support financial literacy. Class Members may submit a claim for up to $100 for each pre-recorded solicitation by ADAD delivered by or on behalf of Intuit. Subject to the Court’s approval, GES will request one or more Defendants pay fees and costs incurred by GES and Class Counsel (not to exceed $2.2 million) (“Fee Award”) and a payment to GES for its efforts in prosecuting the lawsuit (not to exceed $10,000) (“Incentive Award”). This is only a summary of the Settlement’s basic terms. For precise terms, please review the detailed agreement available on this website or on file with the Court clerk and available on this website. You can also request a copy by calling toll-free: 866-257-0054.

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5. What can I get from the Settlement?

Class Members could submit a claim for up to $100 for each pre-recorded solicitation by ADAD delivered by or on behalf of Intuit.

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6. How do I file a claim?

The deadline to file a Claim Form was August 16, 2011.

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7. How do I object to the Settlement?

The deadline to object to the Settlement was September 2, 2011.

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8. How do I request to be excluded from the Class?

The deadline to exclude yourself from the Settlement was September 2, 2011.

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9. What happens if I did nothing and remain a Member of the Class?

Your interests will be represented by the Class Representative and Class Counsel. You will be bound by the Settlement and any related Court orders or judgments, and will be deemed to have released certain claims against all of the Defendants.

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10. What do I give up under the Settlement?

The Settlement is intended to settle and release all claims that Class Members have alleged or could have alleged in this lawsuit regarding any pre-recorded phone solicitations delivered before May 27, 2011 by or on behalf of Intuit. The Settlement will extend to Intuit, including each of Intuit’s past and present subsidiaries, affiliated entities and agents, including each of their respective past and present employees, officers, directors, attorneys, agents, shareholders, partners, joint venturers, insurers and sureties. For the specific language of the released claims, please see the detailed agreement available on this website or on file at with the Court clerk. If you did not exclude yourself from the Class, you will be deemed to have entered into this Settlement and to have settled and released the above-described claims.

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11. Do I have a lawyer in this case?

Your interests will be represented by Class Counsel. If you remain a Class Member, but do not wish to be represented by Class Counsel, you may personally appear or appear through your own attorney at the Fairness Hearing, provided you filed a notice of intent to appear no later than September 2, 2011. However, you will be solely responsible for the fees, expenses and costs of your attorney, unless the Court otherwise orders.

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12. How will Class Counsel and the Class Representative be paid?

As part of approving the Settlement, the Court may approve the Fee Award and Incentive Award, both of which will be paid by Defendants; you will not be responsible for payment of any Fee Award or Incentive Award. Class Counsel’s petition will be posted on this website under “Court Documents,” no later than August 5, 2011.

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13. When is the Fairness Hearing?

The Court will hold a final settlement approval hearing (“Fairness Hearing”) at the U.S. District Court, Western District of Washington, Seattle Courthouse in the Honorable Robert S. Lasnik’s courtroom, 700 Stewart Street, Seattle, WA 98101, on September 22, 2011 at 8:30 a.m., to determine whether the Settlement should be finally approved as fair, reasonable and adequate. If comments or objections have been received, the Court will consider them at this time. The hearing may be continued without further notice to the Class. You need not attend this hearing unless you wish to appear and object to the terms of the Settlement.

If the Settlement is finally approved by the Court, it will be consummated. If the Settlement is not finally approved by the Court, or does not become final for any other reason, the lawsuit will continue.

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14. Is there additional information about the Settlement?

Certain documents related to this lawsuit, including a copy of the Settlement, are available on this website. Complete records may be examined during business hours at the clerk’s office at the courthouse at 700 Stewart Street, Seattle, WA 98101. If you have any questions about this notice or the Settlement, please direct your questions to Class Counsel: Roblin Williamson, Esq., WILLIAMSON & WILLIAMS, 17253 Agate Street NE, Bainbridge Island, WA 98110, Phone: (206) 780-4447.

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Important Dates
DateDeadline
August 5, 2011 Class Counsel's Petition for Approval
of the Fee Award & Incentive Award
will be posted on this website
August 16, 2011
[Expired]
Claim Form Deadline
September 2, 2011
[Expired]
Exclusion/”Opt Out” Deadline
(postmarked – to the Claims Administrator)
September 2, 2011
[Expired]
Objection Deadline
(postmarked – filed with the
Clerk of Court, copies to Counsel)
September 2, 2011
[Expired]
Deadline to Submit Notice of Intent to Appear and Speak at the Fairness Hearing
(postmarked – filed with the Clerk of Court, copies to Counsel)
September 22, 2011
at 8:30 a.m.
Fairness Hearing

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