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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA Orlando Division CASE NO.: 6:16-CV-00933-DALTON/KEL LEHIGH ACRES LOT OWNERS ASSOCIATION, INC., Plaintiff, V. THINK SIMPLICITY INC. and ALEXANDER PEROVICH, Defendants. t jC, NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT, HEARING AND CLAIM FORM TO' All natural persons and entities in the United States who were sent a facsimile advertisement, by or on behalf of Think Simplicity., Inc. and/or Alexander Perovich, between April 30, 2015 and February 22, 2017, that advertised Think Simplicity, Inc.'s products and/or services, where the advertisement failed to contain opt -out language compliant with the requirements OT the TCPA and/or its accompanying regulations. This Notice is given pursuant to Rule 23 of the Federal Rules of Civil Procedure and by Order of the United States District Court for the Middle District of Florida (the "Court"). The purpose of this Notice Is to inform you of a class action lawsuit, now pending in this Court, which has been brought on behalf of individuals and entities who received a facsimile advertising the services of Think Simplicity, Inc. This Notice explains the lawsuit, the proposed settlement (the "Settlement'), your legal rights, what benefits may be provided, and who will receive them. Accompanying this Notice is a Proof of Claim form (the "Claim Form °), which you must fill out send to the Settlement Administrator within the time limits discussed in this notice in order to participate in this proposed settlement and receive $390 1. Why Should You Read this Notice? Your rights may be affected by the Settlement in Lehigh Acres Lot Owners Association, Inc. v Think Simplicity Inc. and Alexander Perovich (Case No 16-CV-00933-DALTON/KELLY), pending in the Court (the "Liti ation"). Lehigh Acres Lot Owners Association, Inc. (the "Settlement Class Representative") has agreed to settle and release all claims against Think Simplicity Inc. and Alexander Perovich (the "Defendants') in the Litigation in exchange for the Defendants' agreement to make the settlement payments to members of the Settlement Class who file a claim as set forth below. You may be a member of the Settlement Class and could therefore be entitled to receive the benefits of the Settlement. As a member of the Settlement Class, however, you would also be bound by the release and other provisions of the Settlement if it is approved by the Court. You may elect to opt out of the Settlement Class and the Settlement, as explained below, if you comply with the procedures described In this Notice. You also have a right to object to the Settlement or portions thereof, but only if you comply with the procedures decried in this Notice. What is the Litigation about? The lawsuit is about whether the Defendants violated the Telephone Consumer Protection Act ("TCPA"), 47 U S C. § 227, and the FCC regulations promulgated under the TCPA by faxing advertisements that did not contain the requisite opt -out notice. The Representative Plaintiff asserts that the Defendants are liable for statutory damages in connection with their sending of fax advertisements. Defendants deny all allegations of wrongdoing and liability in connection with the Litigation. No determination has been made on the merits of the claims against the Defendants This Notice does not imply that there has been or would be any finding of violation of the law or that recovery could be had in any amount if the Litigation were not settled. P64