A court authorized the Notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Albrecht v. Oasis Power, LLC d/b/a Oasis Energy, No. 1:18-cv-1061 (N.D. Ill. 2018) and about all of your options before the Court decides whether to give Final Approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.
Judge Harry D. Leinenweber of the United States District Court for the Northern District of Illinois is overseeing this case. The person who sued, Kenneth Albrecht, is called the “Plaintiff.” Oasis and its affiliated entities, Censtar, Electricity Maine, Electricity N.H., Major Energy, Perigee, Provider Power Mass, Respond Power, Spark, and Verde are called the “Oasis Entities.”
To view a copy of the Notice, click here.Back To Top
The lawsuit alleges that the Oasis Entities sent prerecorded messages (also known as “ringless voicemails”) to Plaintiff’s wireless telephone number without prior express written consent, in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) and seeks actual and statutory damages on behalf of Plaintiff and a class of all individuals in the United States.
The Oasis Entities deny 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 Settlement Agreement, and other case-related documents are posted on the Important Documents page of this website. The Settlement resolves the lawsuit. The Court has not decided who is right.Back To Top
The Telephone Consumer Protection Act (referred to herein as the “TCPA”) is a federal law that restricts telephone solicitations and the use of automated telephone equipment.Back To Top
In a class action, one person called the “Class Representative” (in this case, Plaintiff Kenneth Albrecht) sues on behalf of himself and other people with similar claims.
All of the people who have claims similar to the Plaintiff’s are Settlement Class Members, except for those who exclude themselves from the Class.Back To Top
The Court has not decided in favor of either the Plaintiff or Oasis Power, LLC and the Oasis Entities. Instead, both sides agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Settlement Class Members will receive the benefits described in FAQ 8. The Class Representative and Class Counsel believe the Settlement is best for everyone who is affected.Back To Top
The Settlement Class includes:
All individuals within the United States (i) who were sent a prerecorded message, also referred to as a ringless voicemail (ii) on his or her telephone (iii) by or on behalf of the Oasis Entities advertising the Oasis Entities’ goods and services during the Class Period (February 12, 2014 through September 25, 2019).
Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as “Settlement Class Members.”
Specifically excluded from the Settlement Class are:
You may contact the Settlement Administrator if you have any questions as to whether you are in the Settlement Class.Back To Top
If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, you can review the Settlement Agreement, or you can contact the Settlement Administrator by calling the toll-free number, 1-855-939-0540 or writing to Oasis Power TCPA Settlement Administrator, P.O. Box 4109, Portland, OR 97208-4109.Back To Top
To fully settle and release claims of the Settlement Class Members, the Oasis Entities have agreed to make payments to the Settlement Class Members and 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 (the “Settlement Fund”). The Oasis entities will make available $7,000,000.00 (the “Settlement Fund”). Each Settlement Class Member who submits a timely, valid, correct, and verified Claim Form by the Claim Deadline in the manner required by the Settlement Agreement shall be sent a claim Settlement Check by the Administrator. Settlement Class claimants will be sent their claim Settlement Payments to the address they submitted on their Claim Form.Back To Top
If you qualify for a payment, you must complete and submit a valid Claim Form. You may fill out your Claim Form online here. To file by U.S. Mail, download a Claim Form here, or request a Claim Form by calling the Settlement Administrator at the toll-free number, 1-855-939-0540. To be valid, a Claim Form must be completed fully and accurately, signed under penalty of perjury, and submitted timely.
You may submit a Claim Form by U.S. Mail or file a Claim Form online. If you send in a Claim Form by U.S. Mail, it must be postmarked by February 20, 2020. If you file a Claim Form online, then you must so file by 11:59 p.m. PST on February 20, 2020.
No matter which method you choose to file your Claim Form, please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.Back To Top
Payments to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see FAQ 19, FAQ 20, and FAQ 21). If there are appeals, resolving them can take time. Please be patient.Back To Top
The deadline to exclude yourself from the Settlement was December 7, 2019. That deadline has now passed and no late requests for exclusion will be honored.Back To Top
No. Unless you exclude yourself, you give up the right to sue Oasis for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.Back To Top
Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against the Oasis Entities 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, available here, 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 FAQ 15 for free, 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.Back To Top
No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.Back To Top
The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.
Katrina Carroll, Esq.
Carlson Lynch LLP
111 W. Washington St.
Chicago, IL 60602
Scott Edelsberg, Esq.
Edelsberg Law, PA
20900 NE 30th Ave.
Aventura, FL 33180
Andrew J. Shamis, Esq.
Shamis & Gentile, P.A.
14 NE 1st Ave.
Miami, FL 33132
Manuel S. Hiraldo, Esq.
401 E. Las Olas Blvd.
Fort Lauderdale, FL 33301
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.Back To Top
Class Counsel intend to request up to one third of the value of the Settlement for Attorneys’ Fees plus reimbursement of reasonable, actual, out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will decide the amount of fees and expenses to award.
Class Counsel will also request that a Service Award of $7,500.00 be paid from the Settlement Fund to the Class Representative for his service as representative on behalf of the whole Settlement Class.Back To Top
The deadline to object to the Settlement was December 7, 2019. That deadline has now passed and no late objections will be honored.Back To Top
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.Back To Top
The Court held a Final Approval Hearing on February 6, 2020. At this hearing, the Court approved the Settlement. You can view the Final Approval Order here.Back To Top
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 submitted 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 Final Approval Hearing, but it is not necessary.Back To Top
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 FAQ 17).
You cannot speak at the hearing if you exclude yourself from the Settlement.Back To Top
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.Back To Top
This website and the Notice summarize the proposed Settlement. You are urged to review more details in the Settlement Agreement. You may also contact the Settlement Administrator with questions by writing to Oasis Power TCPA Administrator, P.O. Box 4109, Portland, OR 97208-4109, or calling the toll-free number, 1-855-939-0540.Back To Top