A Court authorized the Notice to let you know about a proposed Settlement with Sunrun and Clean Energy Experts. You have legal rights and options that you may exercise before the Court decides whether to approve the proposed Settlement. The Notice explains the Lawsuit, the Settlement, and your legal rights.
Judge Yvonne Gonzalez Rogers of the U.S. District Court for the Northern District of California is overseeing this class action. The case is captioned as Slovin, et al. v. Sunrun, Inc. et al., No. 4:15-cv-05340-YGR. The individuals who sued are called the Representative Plaintiffs. The companies they sued, Sunrun Inc. and Clean Energy Experts, LLC, are called the Defendants.Top
In a class action, one or more "Representative Plaintiffs" sue on behalf of a group of people who have similar claims. In this case and under this Settlement, these people are together called a "Settlement Class" or "Settlement Class Members." In a class action, the court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class. After the parties reached an agreement to settle this case, the Court recognized it as a case that may be treated as a class action for settlement purposes only.Top
The lawsuit alleges that Defendants and/or others acting on their behalf and/or third parties generating leads for Defendants made marketing calls to consumers. The lawsuit alleges that the Defendants violated the Telephone Consumer Protection Act because some consumers did not agree to receive these calls, or because the calls were made using an automatic telephone dialing system. Under the Telephone Consumer Protection Act, a person is entitled to receive up to $500 for calls that were placed using an automated telephone dialing system without the person’s consent. A person is entitled to receive up to $500 per call for calls placed to telephone numbers registered on the National Do Not Call Registry or the companies’ internal Do Not Call List without that person’s consent. If the person proves the calls were placed willfully, the person is entitled to triple the amount awarded, up to $1,500.
The Defendants deny the allegations and maintain that they have strong, meritorious defenses to the claims. The Settlement is not an admission of, and does not establish any, wrongdoing by Sunrun or Clean Energy Experts.
More information about the complaint in the lawsuit and the Defendants’ answer can be found here.Top
The Court has not decided whether the Representative Plaintiffs or Defendants should win this case. Instead, both sides agreed to a Settlement. The Representative Plaintiffs and their attorneys ("Class Counsel") believe that the Settlement is in the best interests of the Settlement Class Members.Top
The Court decided that this Settlement includes a Class of all persons in the United States who, from November 20, 2011 to August 31, 2018, received from or on behalf of Sunrun and/or Clean Energy Experts, or from a third party generating leads for Sunrun and/or Clean Energy Experts: (1) one or more calls on their cellphones, or (2) at least two telemarketing calls during any 12-month period where their phone numbers appeared on a National or State Do Not Call Registry or Sunrun’s and/or Clean Energy Experts’ Internal Do Not Call List more than 30 days before the calls.
The following are excluded from the Settlement Class: (1) any trial judge and other judicial officers that may preside over this case; (2) the Mediators; (3) Sunrun/Clean Energy Experts, as well as any parent, subsidiary, affiliate or control person of Sunrun/Clean Energy Experts, and the officers, directors, agents, servants or employees of Sunrun/Clean Energy Experts; (4) any of the Released Parties; (5) any Settlement Class Member who has timely submitted a Request for Exclusion by the Opt-Out Deadline; (6) any person or entity who has previously given a valid release of the claims asserted in the Action; (7) Plaintiffs’ Counsel; and (8) persons for whom Clean Energy Experts or Sunrun has a record demonstrating "prior express written consent," as defined by the TCPA.
Everyone who fits this description, who is not excluded as per the above, is a member of the Settlement Class.
If you received a postcard about this class action, your phone number may be one of the numbers that was called.Top
The calls covered by this Settlement were allegedly made by or on behalf of Sunrun/Clean Energy Experts, or from a third party generating leads for Sunrun/Clean Energy Experts, in an attempt to offer solar energy products.Top
As part of the Settlement, Defendants have agreed to create a $5,500,000 Settlement Fund. The Settlement Fund will be used to pay all valid claims, costs of administering the Settlement, attorneys’ fees and costs, and any incentive payments to the Representative Plaintiffs. Additionally, Defendants have agreed to change their practices related to telemarketing.
Under the Settlement Agreement, Settlement Class Members must request a payment by submitting by mail or online a valid Claim Form saying that they received an unsolicited call and providing all the information requested in the Claim Form.Top
The Settlement creates a claims process. You can get the Claim Form on this website or by calling 1-855-256-2092. The Claim Form may be submitted online or by U.S. Mail sent to Slovin v. Sunrun, Inc., et al. Claims Administrator, P.O. Box 404105, Louisville KY 40233-4105. If you file a valid Claim Form and your claim is approved, you will receive a single payment for each telephone number that you received call(s) on. Your payment amount will depend on how many Settlement Class Members submit valid Claim Forms. The Settlement Fund will be divided and distributed equally—sometimes referred to as "pro rata"—to all Settlement Class Members who submit a valid Claim Form, after attorneys’ fees, costs and expenses, any award for the Representative Plaintiffs, and notice and administration costs have been deducted.
The Claim Form requires you to provide your name, address, and the telephone number that you received the call(s) on. You must verify that you are a member of the Settlement Class, and the telephone number on which you received unsolicited calls from or on behalf of Sunrun and/or Clean Energy Experts.
All Claim Forms must be received (or postmarked if mailed) and properly completed by May 31, 2019.Top
Your share of the Settlement will depend on the number of Claim Forms that Class Members submit, and other factors. Class Counsel estimate you will receive between approximately $100 and $250, but this is only an estimate.Top
The hearing to consider the final fairness of the Settlement is scheduled for July 9, 2019. If the Court approves the Settlement, and after any appeals process is completed, eligible Settlement Class Members whose claims were approved will be sent a check in the mail or receive funds electronically. If Final Approval is granted, payments will be issued no sooner than September 10, 2019. Please be patient. All checks will expire and become void 180 days after they are issued.Top
Yes, the Court has appointed lawyers Yitzchak H. Lieberman and Grace E. Parasmo of Parasmo Lieberman Law and David C. Parisi and Suzanne Havens Beckman of Parisi & Havens LLP as the attorneys to represent you and other Settlement Class Members. These attorneys are called "Class Counsel." In addition, the Court appointed plaintiffs Lynn Slovin, Samuel Katz, Jeffery Price, and Justin Birkhofer to serve as the Representative Plaintiffs. They are Settlement Class Members like you.Top
You do not need to hire your own lawyer. Class Counsel is working on your behalf. However, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask your lawyer to appear in Court for you, at your own expense, if you want someone other than Class Counsel to represent you.Top
Class Counsel will ask the Court for attorneys’ fees, costs, and expenses, totaling up to $2,380,000, and will also request an award of up to $40,000 each for the Representative Plaintiffs. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel, and the proper amount of any award to the Representative Plaintiffs. The Court may award less than the amounts requested by Class Counsel and the Representative Plaintiffs, and any money not awarded from these requests will stay in the Settlement Fund to pay Settlement Class Members.
Neither Sunrun nor Clean Energy Experts has made any agreement with Plaintiffs or Class Counsel as to the amounts that either will receive for attorneys’ fees, costs, and expenses or for incentive awards, respectively.
Class Counsel will file with the Court and post on the Settlement website its request for attorneys’ fees, costs and expenses, and incentive awards by April 5, 2019.Top
If you do nothing, you will receive no payment under the Settlement, you will be in the Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court. Also, unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendants for the claims being resolved by this Settlement.Top
If you exclude yourself from the Settlement, you cannot claim any money or receive any benefits as a result of the Settlement. You will keep your right to bring your own separate lawsuit against the Defendants for the claims resolved in this Settlement. You will not be legally bound by the Court’s judgments related to the Settlement Class in this class action.Top
You can ask to be excluded from the Settlement. To do so, you must send a letter clearly stating that you want to be excluded from the Settlement in Slovin, et al. v. Sunrun, Inc. et al., No. 4:15-cv-05340-YGR. Your letter must also include your name, address, your current phone number, the phone number that you contend you received the call(s) on, and your signature. You must mail your exclusion request postmarked no later than May 31, 2019 to:
Slovin v. Sunrun, Inc., et al. Claims Administrator, P.O. Box 404105, Louisville KY 40233-4105
You cannot exclude yourself by phone, fax or email.Top
No. Unless you exclude yourself, you give up any right to sue Defendants for the claims being resolved by this Settlement.Top
No. If you exclude yourself, you may not submit a Claim Form to ask for a payment.Top
If you are a Settlement Class Member and you do not exclude yourself from the Settlement Class, you can object to the Settlement if you do not like any part of it. You must give reasons why you think the Court should deny approval by filing an objection. You cannot ask the Court to order a larger or different settlement; the Court can only approve or deny the Settlement. If the Court denies approval, no settlement payments will be sent out, and the Lawsuit will continue. If that is what you want to happen, you must object in writing. The Court will consider your views. Your objection and supporting papers must include:
1. A caption or title that identifies it as "Objection to Class Settlement in Slovin, et al. v. Sunrun, Inc. et al., No. 4:15-cv-05340-YGR;"
2. Your full name, address, and telephone number;
3. The name, address, and telephone number of any attorney representing you with respect to the objection;
4. A statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class;
5. The specific factual basis and legal grounds for the objection, including any documents sufficient to establish the basis for your standing as a Settlement Class Member, including the date(s) and phone number(s) at which you received the calls covered by this Settlement; and
6. The case name, case number, and court for any prior class action lawsuit in which you and your attorney (if applicable) have objected to a proposed class action settlement.
Your written objection must be signed and dated, and postmarked no later than May 31, 2019. You must mail your objection to the Court at:
Class Action Clerk
United States Courthouse
Northern District of California
1301 Clay Street, Oakland, CA 94612
If, in addition to submitting a written objection to the Settlement, you wish to appear and be heard at the Final Approval Hearing on the fairness of the Settlement, you must file by May 31, 2019 a notice of intention to appear with the Court and list the name, address, and telephone number of the attorney, if any, who will appear on your behalf.Top
Objecting simply means telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class (i.e., you do not exclude yourself from the Settlement). Excluding yourself from the Settlement Class is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.Top
A Final Approval Hearing has been set for July 9, 2019 at 2:00 p.m., before the Honorable Yvonne Gonzalez Rogers at Oakland Courthouse, Courtroom 1, 4th floor, 1301 Clay Street, Oakland, CA 94612. At the hearing, the Court will hear any objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees, costs and expenses, and the incentive awards to the Representative Plaintiffs.
Note: The date and time of the fairness hearing are subject to change by Court Order, but any changes will be posted on this website, or through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov.Top
No. Class Counsel will answer any questions the Court may have, but you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay another lawyer to attend, but you do not have to.Top
If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement by asking to speak about your objection, filed by following the instructions in FAQ 19.Top
The Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available here, by contacting Class Counsel at (818) 990-1299, by accessing the Court docket in this case through the Court’s PACER system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 1301 Clay Street, Oakland, California 94612 between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANTS WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESSTop