The Court sent the notice because Settlement Class Members have a right to know about a proposed Settlement of a class action lawsuit known as McClinton v. Choice Health Insurance, LLC in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, and about all of your options before the Court decides whether to give Final Approval to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.

Hon. William Thomas, a Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, is overseeing this case. The person who sued, Travis McClinton, is called the “Plaintiff.” Choice Health Insurance, LLC is called the “Defendant."

The lawsuit alleges that Defendant sent prerecorded voice message calls to Plaintiff’s wireless telephone number in violation of the Telephone Consumer Protection Act, and seeks actual and statutory damages under the TCPA on behalf of the named Plaintiff and a class of similarly-situated individuals in the United States.

The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts the use of marketing-related prerecorded voice message calls without prior express consent.

Defendant denies 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 Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted on this Settlement Website. The Settlement resolves the lawsuit. The Court has not decided who is right.

In a class action, one person called the “Class Representative” (in this case, Plaintiff) sue on behalf of themselves and other people with similar claims.

All of the people who have claims similar to the Plaintiffs are Settlement Class Members, except for those who exclude themselves from the class, among others.

The Court has not found in favor of either Plaintiff or Defendant. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described in this Notice. Defendant denies all legal claims in this case. Plaintiff and his lawyers think the proposed Settlement is best for everyone who is affected.

The Settlement includes all persons who received a prerecorded voice message on their telephone from Defendant. Specifically, the Settlement Class is defined as:

All persons in the United States, for the time period beginning July 28, 2018, through September 18, 2024, who were sent a prerecorded voice call by or on behalf of Choice Health Insurance, LLC regarding Choice Health Insurance, LLC’s property, goods, and/or services, where the lead data was provided by ZeetoGroup, LLC to Digital Media Services, LLC.

Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as “Settlement Class Members.”

The Settlement Class excludes the following: (1) the trial judge presiding over this case; (2) Defendant, as well as any parent, subsidiary, affiliate, or control person of Defendant, and the officers, directors, agents, servants, or employees of Defendant; (3) any of the Released Parties; (4) the immediate family of any such person(s); any Settlement Class Member who has timely opted out of this proceeding; and (6) Plaintiff’s Counsel, their employees, and their immediate family.

If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, you can contact the Settlement Administrator by email at info@ChoiceHealthCallsSettlement.com or by phone, toll-free number 1-877-311-3743.  You may also send questions to the Settlement Administrator at Choice Health Calls Settlement Administrator, P.O. Box 173078, Milwaukee, WI 53217.

To fully settle and release claims of the Settlement Class Members, Defendant has agreed to make $994,799.28 (the “Settlement Sum”) available to pay Approved Claims by Settlement Class Members, notice and administration costs of the Settlement, attorneys’ fees and expenses incurred by counsel for the Settlement Class, and a service award for Plaintiff. Each Settlement Class Member who submits a timely, valid, correct, and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Settlement Administrator in the amount of $30.00 less a proportional share of Notice and Administration costs, the Fee Award, and any Service Award. Class Claimants will be sent their Claim Settlement Payments to the address they submitted on their Claim Form within 60 days following the Effective Date.

If you qualify for a payment, you must complete and submit a valid Claim Form. If you received a notice in the mail or by email, there is information contained on that notice that will allow you to file a claim online via this website.  Please visit the File A Claim page and enter the requested information to proceed.

If you received a notice in the mail and do not wish to file online, you can complete the claim form included with your notice and mail it back to the Settlement Administrator.

If you did not receive a notice and believe you are a Settlement Class Member or if you misplaced your notice, you may download a Claim Form by clicking here or request a Claim Form by emailing info@ChoiceHealthCallsSettlement.com or calling the Settlement Administrator at 1-877-311-3743.

To be valid, a Claim Form must be completed fully and accurately and timely submitted. Class Members shall be entitled to submit one Claim Form for each telephone number on the Class List that is associated with their name. Only one Claim Form associated with a telephone number on the Class List can be an Approved Claim under the Settlement.

You must submit a Claim Form by U.S. mail or through the Settlement Website, and it must be submitted or postmarked by December 26, 2024.

Please read the Claim Form carefully and provide all the information required.

Payments in the form of a check to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see “Final Approval Hearing” below). If there are appeals, resolving them can take time. Please be patient.

Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against Defendant or the other Released Parties 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 is available here. The Settlement Agreement 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 the FAQs below at no charge to you, 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.

To exclude yourself from the Settlement, you must send a timely letter by mail to:

Choice Health Calls Settlement Administrator
Attention: Exclusions
P.O. Box 173001
Milwaukee, WI 53217

Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a statement that indicates your desire to be “excluded from the Settlement Class” and that, absent of excluding yourself or “opting out,” you are “otherwise a member of the Settlement Class.”
Your exclusion request must be postmarked no later than November 21, 2024. You cannot ask to be excluded on the phone, by email, or at the Settlement Website.
You may opt out of the Settlement Class only for yourself.

No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.

The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.

Michael Eisenband, Esq.
Eisenband Law, P.A.
515 E. Las Olas Blvd., Suite 120
Ft. Lauderdale, FL 33301

Manuel S. Hiraldo, Esq.
Hiraldo P.A.
401 E. Las Olas Blvd., Suite 1400
Ft. 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.

Class Counsel intend to request up to $308,387.77 in attorneys’ fees and out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid by Defendant from the Settlement Sum. The Court will decide the amount of fees and expenses to award.

Class Counsel will also request a Service Award of up to $7,500.00 for Plaintiff for his service as Class Representative on behalf of the whole Settlement Class. Any Service Award will be paid by Defendant from the Settlement Sum.

If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must timely submit a letter that includes very specific information. The Instructions and guidelines for objecting to the Settlement are available in the Long-Form Notice under Section 17.  A copy of the Long-Form Notice is available here.

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.

The Court has scheduled a Final Approval Hearing on December 11, 2024, at 8:30 a.m. through Zoom. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for a Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

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 hearing, but it is not necessary.

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 Question 17 in the Long-Form Notice available here).

You cannot speak at the hearing if you exclude yourself from the Settlement.

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 Final Approval Order and Judgment entered by the Court.

The Long-Form Notice, available here, summarizes the proposed settlement. More details are in the Settlement Agreement available here. You can email the Settlement Administrator at info@ChoiceHealthCallsSettlement.com or call 1-877-311-3743.

You can also contact Class Counsel for them to answer questions.