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Consent Agenda - B.C.C. 9.12.17 <br />Office of <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />Dylan Reingold, County Attorney <br />William K DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />MEMORANDUM <br />TO: Board of County Commissioners <br />(V. --- <br />FROM: Dylan Reingold, County Attorney <br />DATE: August 23, 2017 <br />SUBJECT: JWD Automotive, Inc. d/b/a Napa Auto Care of Cape Coral v. DJM Advisory Group LLC <br />et al. Class Action Lawsuit <br />BACKGROUND. <br />The above -referenced litigation involves the allegation that DJM Advisory Group LLC, Banner Life <br />Insurance Company and William Penn Life Insurance Company of New York sent faxes in violation of <br />the federal Telephone Consumer Protection Act. Indian River County received the attached Notice of <br />Class Action Settlement with Attached Claim Form because an Indian River County fax number was <br />contained in a list of fax numbers to which advertisements were sent. The defendants in this litigation <br />have agreed to make up to $3,500,000.00 available to those who submit proper claims. Class members <br />who received more than one fax and have copies of those faxes will receive $500 per fax. Other class <br />members will receive $500. <br />By September 29, 2017, the Indian River County Board of County Commissioners ("Board") has to <br />decide whether to opt out of the settlement. No action is required in order to stay in the settlement class. <br />If the Board decides to stay in the settlement class, the County will have until October 21, 2017 to file a <br />claim. The Board also has the right to file an objection to the proposed settlement by September 29, 2017. <br />If the Board decides to stay in the settlement class, the Board will relinquish its right to file a lawsuit <br />concerning the issues and claims at stake in the litigation. <br />FUNDING. <br />There is no funding associated with this item if the Board decides to stay in the settlement class and file a <br />claim. <br />RECOMMENDATION. <br />The County Attorney's Office recommends that the Board vote to stay in the settlement class and file a <br />claim. <br />ATTACHMENT(S). <br />Notice of Class Action Settlement with Attached Claifn Form <br />PlAtiorneyllindeAGENERALIB C CiAgenda ek,,,o,nrD Automotive ClassActim,.doc <br />P203 <br />