National Holdings TCPA Settlement

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National Holdings TCPA Settlement
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THE DEADLINE TO FILE A CLAIM HAS PASSED
 


The information contained on this website is only a summary of information presented in more detail in the Notice, which you can access by clicking here. Since this website presents only summary information, you should review the Notice for additional details.


If a call from Defendants was directed to your telephone, you could get a payment from a class action settlement.


• Defendant National Holdings Corporation has agreed to pay $325,000 into a fund from which eligible persons or entities who file claims will receive cash awards.

• The settlement resolves a lawsuit involving allegations that Defendants, National Holdings and Shampan Lamport LLC (“collectively, “Defendants”), made telemarketing calls to class members whose telephone numbers were listed on the Do Not Call Registry in violation of the Telephone Consumer Protection Act.

• Court-appointed lawyers for the class (“Class Counsel”) will ask the Court for $108,333 of the fund as fees and to reimburse them for the $37,154.71 out-of-pocket expenses they paid to investigate the facts, litigate the case, and negotiate the settlement.

• Defendants deny all allegations of wrongdoing in the lawsuit. As part of the proposed settlement, Defendants do not admit to any wrongdoing and continue to deny the allegations against them.

• The two sides disagree on whether a class could be certified and whether Plaintiff and any class could have won at trial.


YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT, OR DON’T ACT. READ THE NOTICE CAREFULLY.



Your Legal Rights And Options In This Settlement:

Submit A Claim Form by

August 23, 2019

The deadline to file a claim has passed.

Exclude Yourself by 

August 23, 2019

The deadline to exclude yourself from the Settlement has passed.

Object by

August 23, 2019

The deadline to object to the Settlement has passed.

Attend a Hearing on

September 25, 2019

Ask to speak in Court about the fairness of the Settlement.

Do Nothing

Get no payment. Give up the right to be part of any other lawsuit against Defendants about the legal claims in this case.




What is this lawsuit about?

The class representative alleges Defendants violated the Telephone Consumer Protection Act (“TCPA”) by making calls to residential telephone numbers listed on the Do Not Call Registry. The class representative alleges Defendants did not have the recipients’ permission to make these calls. The Court has certified a class for settlement purposes only (the “Settlement Class”).

The Settlement Class is defined as follows: All persons residing in the United States (i) to whom a registered representative of National Securities affiliated with Sharpco International, Inc. made more than one call within a 12-month period to solicit the purchase of any product or service sold or offered by National Securities (ii) to a residential phone number (iii) that had been listed on the National Do Not Call Registry for at least 31 days (iv) from November 11, 2010, through May 24, 2019, and (v) limited to calls to telephone numbers on the “Class List.” The Class List is comprised of the owners or users of the 7,262 numbers identified in the Report of Plaintiff’s Expert as being called in violation of the TCPA, minus the 1,279 numbers identified in paragraph 10 of the Report of National Holdings’ Expert, for a total of the owners or users of 5,983 phone numbers, but excluding Class Counsel, Defendants’ Counsel, and any judge before whom the Action is assigned and members of the immediate family of such judge.

Defendants deny they did anything wrong, and deny this case could be certified as a class action in litigation.


The Court’s Final Approval Hearing

The Court will hold a Final Approval Hearing (the “Hearing”) at 2:00 p.m., Wednesday, September 25, 2019, U.S. Courthouse, Room 101, 85 Marconi Boulevard, Columbus, Ohio 43215. The purpose of the hearing is for the Court to determine whether the settlement is fair, reasonable, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses, and the incentive award to the class representative. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted to this website. You are not required to attend the Final Approval Hearing to be eligible for any settlement payment. Class Counsel will answer any questions the Court may have. But you are welcome to come to the hearing at your own expense. If you send an objection, you are not required to come to Court to talk about it. As long as your written objection was filed and postmarked on time, and meets the other criteria described in the Settlement Agreement, the Court will consider it. You also have the right to hire your own lawyer and have them attend the hearing.


Further Information

For more details regarding this settlement, please see the Notice and other documents filed in the case by clicking on the Court Documents link on the left. You may also contact the Settlement Administrator or Class Counsel for further information regarding this settlement.


Settlement Administrator:

Philip Charvat v. National Holdings, et al.

Settlement Administrator

c/o A.B. Data, Ltd.

P.O. Box 173077

Milwaukee, WI 53217

Toll-free Help Line: 877-265-3022


Class Counsel:


Brian K. Murphy

Jonathan P. Misny

Murray, Murphy, Moul + Basil, LLP

1114 Dublin Road

Columbus, OH 43215

(614) 488-0400

murphy@mmmb.com

misny@mmmb.com

 

Edward A. Broderick

Broderick Law, P.C.

99 High St., Suite 304

Boston, MA 02110

(617) 738-7080

ted@broderick-law.com

 

 

 

Matthew P. McCue

The Law Office of Matthew P. McCue

1 South Ave., Third Floor

Natick, MA 01760

(508) 655-1415

mmccue@massattorneys.net

 



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