Frequently Asked Questions

BASIC INFORMATION

1. What is the Case About?

This class action case alleges that Century Automotive Service Corporation (“Century Automotive”) violated California laws that prohibit the recording of telephone calls without the consent of all parties to the conversation. The case covers persons who, between January 3, 2022, through January 3, 2023, inclusive, participated in one or more inbound or outbound telephone calls on their cellular or cordless telephone with Century Automotive’s employee(s) or representative(s) and may have had their calls recorded without being notified that their calls were being recorded (“Settlement Class”).

2. What is a Class Action?

In a class action, one or more people called class representatives (in this case Sergio Rosales) sue on behalf of people who have similar claims.

3. Am I a Class Member?

You are a Class Member if, during the period from January 3, 2022, through January 3, 2023, you participated in one or more inbound or outbound telephone calls on your cellular or cordless telephone with Century Automotive’s employee(s) or representative(s) and may have had your call recorded without being notified that your call was being recorded.

If you received notice of this proposed settlement by mail or email, Century Automotive has records indicating that you are a member of the Class and you are automatically entitled to receive a Settlement Payment.

If you did not receive notice of this proposed settlement by mail or email, you might still be a member of the Class, but you will need to submit a Claim Form (See FAQ 6).

4. Why is there a Settlement?

Both sides agreed to a settlement to avoid the uncertainty and cost of class certification and a trial and to provide benefits to Class Members more promptly. The Court did not decide in favor of plaintiff Sergio Rosales (“Plaintiff” or “Class Representative”) or defendant Century Automotive Service Corporation (“Defendant”). Defendant denies any liability or wrongdoing of any kind associated with the claims in this class action.

5. What Can I Get From The Settlement?

Defendant has agreed to create a non-reversionary Settlement Fund of $1,075,000. After class action administration fees and costs, service payment to the Class Representative, and Class Counsel’s attorneys’ fees and costs are deducted, the remaining amount will be divided up equally amongst all eligible Class Members (“Net Settlement Amount”). Subject to approval by the Court, the Settlement Amount will be automatically distributed to all Class Members:

• for whom a U.S. postal mailing address can be identified either in Century Automotive’s internal records, or through a “reverse lookup” by the Claims Administrator based on available cellular phone numbers in Century Automotive’s records, without any Claim Form requirement (“Direct Notice” Class Members), or
• for whom Century Automotive is able to identify an email address and who provide a current mailing address in response to the Email Notice (“Email Notice” Class Members”) no later than August 5, 2024, and
• all other Class Members who did not receive the Direct Notice or Email Notice, but otherwise submit a valid and timely Claim Form as discussed further in the process below postmarked no later than August 5, 2024.

The Claims Administrator shall make a one-time, pro rata distribution of the Net Settlement Amount to each Class Member. Payment will be made by checks and mailed to the Class Member’s mailing address. Further details about allocation of the settlement proceeds are set forth in the Settlement Agreement and Release, accessible under the important documents tab.

Any unclaimed or uncashed funds will be distributed in accordance with California Code of Civil Procedure section 384, as follows: 50% to the Alliance for Children’s Rights and 50% to the Consumer Federation of California.

In addition, following the filing of the Action, Century Automotive ceased the practice of recording telephone calls made to or from its telephone lines without disclosure. Century Automotive agrees that if it records calls, it will place a disclosure that informs callers at the outset of the call that the call may be recorded.

You may make only one claim, regardless of the number of calls you had with Century Automotive during the period from January 3, 2022, through January 3, 2023. Please note that the Claims Administrator and/or Defendant may use available records to investigate the accuracy of claims.

6. How Do I Make A Claim If I Did Not Receive The Direct Notice In The U.S. Mail Or Email Notice Of The Settlement?

As explained above, if you did not receive the Direct Notice or Email Notice of the Settlement, but nonetheless believe that you are a Class Member, you must complete a Claim Form and return it to the Claims Administrator by August 5, 2024. You may obtain a copy of the Claim Form by going to the Important Documents section or by writing to the Claims Administrator at Rosales v. Century Automotive Service Corporation c/o Simpluris P.O. Box 25226 Santa Ana, CA 92799. You also may submit a completed Claim Form online via the Submit a Claim portal. A Claim Form will not be considered timely unless it is returned to the Claims Administrator online or by mail postmarked no later than August 5, 2024.

Upon a request from a Class Member, the Claims Administrator will accept a completed paper Claim Form by e-mail which is sent no later than August 5, 2024.

The Claims Administrator may verify with Century Automotive that (1) the information set forth in the Claim Form is accurate; and (2) that you are a Class Member.

It is highly recommended that you retain proof of submitting your Claim Form.

If you choose to participate in the Settlement by submitting a Claim Form, you will be bound by all of the provisions of the Settlement Agreement and Release, including a full release of claims that will prevent you from separately suing Century Automotive and its agents for the claims asserted in the Lawsuit.

If you move during the pendency of the Lawsuit or after submitting a Claim Form, please email us at info@CenturyAutomotiveSettlement.com to update your address or you can update your address using the Address Update Portal.

7. What Am I Giving Up to Get Settlement Benefits or Stay In the Class?

Unless you exclude yourself, as described below, you will remain in the Class and be bound by the terms of the settlement and all of the Court’s orders. This means that you can’t sue or be part of any other lawsuit against Defendant or their related parties about the issues in this case. Staying in the Class also means that you agree to the following release of claims, which describes the legal claims that you give up:

Release by the Settlement Class.
Upon entry of the Judgment, Class Representative, for himself and on behalf of each member of the Class who has not submitted a valid and timely request for exclusion from the Class, and their respective heirs, assigns, successors, agents, attorneys, executors, and representatives, shall be deemed to have, and by operation of the Judgment shall have, fully, finally and irrevocably released Defendant and, whether or not specifically named herein, each of its past or present directors, officers, employees, agents, shareholders, members, investors, insurers, reinsurers, attorneys, advisors, consultants, representatives, partners, affiliates, related companies, parents, subsidiaries, joint venturers, independent contractors, service providers, vendors, divisions, predecessors, successors, and assigns, from any and all liabilities, claims, causes of action, damages, penalties, costs, attorneys’ fees, losses, or demands, whether known or unknown, existing or potential, suspected or unsuspected, that occurred during the Class Period which (1) are or were asserted in the Action based on the factual allegations alleged therein, or that could have been reasonably asserted in the Action based on the factual allegations alleged therein, (2) relate to the violation of the California Invasion of Privacy Act, Cal. Penal Code § 632.7, and/or (3) relate to the recording of telephone calls on cellular or cordless telephones (collectively, the “Released Claims”).

8. When Can I Expect To Receive My Settlement Payment?

The Court will hold a hearing on September 5, 2024, at 9:00 a.m., to decide whether to give final approval to the settlement. You will be kept informed of the progress of the settlement through the Important Documents section. Please be patient.

9. Can I Exclude Myself From the Settlement?

If you don’t want to receive benefits from this settlement, but you want to keep the right to sue Defendant on your own at your own expense about the issues in this case, then you must take steps to exclude yourself from the settlement. This is also called “opting out” of the settlement. To exclude yourself from the settlement, you must send a letter by first class United States mail to the Claims Administrator, containing (1) the title of the Action, “Rosales v. Century Automotive Service Corporation”; (2) your full name, address, and telephone number; and (3) a statement that you request to be excluded from the Settlement Class. Be sure to include your name, address, telephone number, and signature. Your letter requesting exclusion from the settlement must be postmarked no later than August 5, 2024, and mailed to:

Rosales v. Century Automotive Service Corporation

c/o Simpluris

P.O. Box 25226

Santa Ana, CA92799

If you request exclusion from the settlement, you will not get any settlement benefits, and you cannot object to the terms of the settlement. You will not be legally bound by anything that happens in this lawsuit.

10. If I Don’t Exclude Myself, Can I Sue Defendant for the Same Thing Later?

No. Unless you exclude yourself, you give up any right to sue Defendant and/or any of the released parties for the claims that this settlement resolves. If you have a pending lawsuit covering these same claims, speak to your lawyer in that case immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit.

11. Do I Have a Lawyer in the Case?

The Court has appointed the Law Offices of Zev B. Zysman, APC (Zev B. Zysman, Esq.) to represent you and other class members as Class Counsel. Class Counsel will be paid from the Settlement Fund, and you will not be charged for this. If you want to be represented by your own lawyer, you may hire one at your own expense.

12. How Will the Lawyers and the Class Representatives Be Paid?

Class Counsel will ask the Court to approve payment in an amount not to exceed $358,875.00 (33 1/3% of the $1,075,000 Settlement Fund) in attorneys’ fees plus all out-of-pocket costs (of an amount not to exceed $20,000). The fees would pay Class Counsel for investigating the facts, litigating the case, negotiating the settlement, and following through to make sure that its terms are carried out. Class Counsel also will ask the Court to approve a payment of $10,000 to plaintiff Sergio Rosales for his service as Class Representative. The Court may award less than these amounts. These amounts will be paid out of the $1,075,000 Settlement Fund. Class Counsel will file with the Court its motion for award of attorneys’ fees, litigation costs, administration costs and Class Representative’s service payment no later than July 19, 2024. After that date, you may view the motion on the Settlement Website at www.CenturyAutomotiveSettlement.com located in the Important Documents section.

13. How Do I Tell the Court That I Don’t Like the Settlement?

You can ask the Court to deny approval of the Settlement by making an objection. You can’t ask the Court to order a larger 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.

You must object to the proposed settlement in writing. All written objections and supporting papers must include (1) the name and case number of the lawsuit: Rosales v. Century Automotive Service Corporation, Contra Costa Superior Court, Case No. C23-00007; (2) the full name, address and telephone number of the objector (email address is optional); (3) the words “Notice of Objection” or “Formal Objection”; (4) proof of the objector’s membership in the Class in the form of a statement; (5) a statement of each objection; (6) a written brief detailing the specific reasons, if any, for each objection, including any legal and factual support the objector wishes to bring to the Court’s attention and any evidence the objector wishes to introduce in support of the objection(s); (7) the objector’s signature and the date; and (8) the following language immediately above the objector’s signature: “I declare under penalty of penalty of perjury under the laws of the United States of America that the foregoing statements regarding class membership are true and correct to the best of my knowledge.” The objection will not be valid if it only objects to the lawsuit’s appropriateness or merits. The objection should also state whether or not the objector intends to appear at the hearing on final approval of settlement personally or through counsel.

The Court will permit any Class Member and the attorneys for any Class Member to appear and speak at the hearing on final approval of the settlement even if the Class Member has not submitted a written objection or given notice to appear. If any objection is overruled or denied, the objecting Class Member will be bound by the Final Approval Order and Judgment as if he or she had not objected.

Objections must be mailed to the Claims Administrator at Rosales v. Century Automotive Service Corporation, c/o Simpluris, P.O. Box 25226, Santa Ana, CA 92799. Objections must be postmarked or delivered by August 5, 2024, to be considered timely.

14. What’s the Difference Between Objecting and Excluding?

Objecting is telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. If you object, you may still submit a Claim Form, if you did not receive the Direct Notice or Email Notice of the Settlement, in order to receive the benefits of the settlement. Excluding yourself is telling the Court that you don’t want to be part of the Class or participate in the settlement. If you exclude yourself, you have no basis to object because the case no longer affects you. You cannot both object to and exclude yourself from the settlement. Any person who attempts both to object to and exclude themselves from the settlement will be deemed to have excluded themselves and will forfeit the right to object to or participate in the settlement or any of its terms.

15. When and Where Will the Court Decide Whether to Approve the Settlement?

The Court will hold a Final Approval Hearing regarding the settlement on September 5, 2024, at 9:00 a.m., in Courtroom 12 of the Superior Court of the State of California, County of Contra Costa, located at 725 Court Street, Martinez, California 94533. At that hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who ask to speak at the hearing. The Court also will decide how much to pay to Class Counsel and the Class Representative. After the hearing, the Court will decide whether to approve the settlement. Class Counsel does not know how long those decisions will take.

The Final Approval Hearing date, time or location may be changed without further notice. Any change to the Final Approval Hearing date, time or location will be posted under the Important Dates section.

16. Do I Have to Come to the Hearing?

No. Class Counsel will answer questions the Court may have. You are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you submit your written objection on time, the Court will consider it. You can attend (or hire a lawyer to attend at your own expense), either personally or virtually via Zoom (https://www.cc-courts.org/calendars/court-calendars.aspx/), but doing so is not necessary. You cannot submit an objection or speak at the hearing if you exclude yourself from the settlement.

17. What Happens if I Do Nothing At All?

If you do nothing, with respect to this Notice, you will not receive any Settlement Payment and you will be bound by the terms of the Settlement including the release of claims described above, unless you received the Direct Notice or Email Notice of the Settlement and the Claims Administrator has a mailing address for you in order to mail you a check. This also means that you can’t sue or be part of any other lawsuit against Defendant or the other released parties about the issues in this case.

18. Are There More Details About the Settlement?

This notice summarizes the proposed settlement. In order to see the complete file including the individual terms of the settlement, you should visit during normal business hours the Clerk’s Office at the Contra Costa Courthouse. The Clerk will inform you as to how to obtain the file relating to this lawsuit for inspection and copying at your own expense. For the precise terms and conditions of the settlement, please see the Settlement Agreement. Additionally, you can get a copy of the Settlement Agreement, the Complaint, and certain other case documents through the Important Documents section or by writing to the Claims Administrator at Rosales v. Century Automotive Service Corporation, c/o Simpluris, P.O. Box 25226, Santa Ana, CA 92799, or by consulting the Superior Court website by going to https://www.cc-courts.org/default.aspx and entering the Case Number for the Action, Case No. C23-00007. You also can contact Class Counsel:

Zev B. Zysman, Esq.

Law Offices of Zev B. Zysman

15760 Ventura Boulevard

Suite 700

Encino, California 91436

(818) 783-8836

zev@zysmanlawca.com

PLEASE DO NOT CALL THE COURT, THE COURT CLERK’S OFFICE, DEFENDANT, OR DEFENDANT’S COUNSEL WITH ANY QUESTIONS RELATED TO THE SETTLEMENT.