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23 -Aug -2817 08:87 08-22-2017 194238EST
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<br />This is a notice of a lawsuit settlement, not a lawsuit against you.
<br />IN THE UNITED STATES DISTRICT COURT
<br />MIDDLE DISTRICT OF FLORIDA
<br />JWD AUTOMOTIVE, INC. d/b/a NAPA AUTO CARE OF
<br />CAPE CORAL, a Florida corporation, individually and as
<br />the representative of a class of similarly -situated
<br />persons,
<br />Plaintiff,
<br />v.
<br />DJM ADVISORY GROUP LLC, BANNER LIFE
<br />INSURANCE COMPANY, WILLIAM PENN LIFE
<br />INSURANCE COMPANY OF NEW YORK,
<br />Defendants.
<br />Civil Action No.: 2:15-cv-00793
<br />CLASS ACTION
<br />NOTICE OF CLASS ACTION SETTLEMENT WITH ATTACHED CLAIM FORM
<br />TO: All persons who were sent one or more facsimiles December 21, 2011 to present which provided: ALL
<br />TERM INSURANCE.COM Protect your most valuable asset — Your Income with AFFORDABLE TERM
<br />LIFE INSURANCE Are you paying too much?...Legal & General America Life Insurance products are
<br />underwritten and issued by Banner Life Insurance Company, Urbana, MD and Witham Penn Life insurance
<br />Company of New York, Garden City, NY....and contained reference to DJM Advisory Group, LLC on the
<br />fax quoting Term Life Insurance rates (the "Settlement Class").
<br />A. WHY HAVE YOU RECEIVED THIS NOTICE? The Court ordered us to send you this Notice because your fax
<br />number is contained on a list of fax numbers to which advertisements were sent by fax and you appear to be a
<br />member of the Settlement Class defined above.
<br />B. WHAT IS THIS LAWSUIT ABOUT? Plaintiff JWD Automotive, Inc. ("JWD Automotive") filed this class action
<br />lawsuit against DJM Advisory Group LLC, Banner Life Insurance Company and William Penn Life Insurance
<br />Company of New York ("Defendants") alleging that they violated the federal Telephone Consumer Protection Act
<br />("TCPA"). Defendants denied Plaintiff's allegations and raised defenses. The parties have agreed to settle all
<br />claims about the advertising fax Defendants sent December 21, 2011 to present.
<br />C. WHAT 1S THE PROPOSED SETTLEMENT? Without admitting any fault or liability, and in exchange for a release
<br />of all claims against it, if the Settlement is finally approved, Defendants have agreed to make up to $3,500,000.00
<br />(the "Settlement Fund) available to pay those class members who submit a valid claim form, to pay an incentive
<br />award to Plaintiff for serving as the class representative, and to pay attorney's fees and expenses to Plaintiff's
<br />attorneys. The claim form is attached. If the Court approves the settlement, all of the Class members who submit
<br />a valid and timely Proof of Claim Form (attached) will be mailed a check for their pro rata share of the Settlement
<br />Fund less attorney's fees, expenses, and incentive payment. Class members who received more than one fax
<br />may submit copies of those faxes with the Proof of Claim Form and be paid $500 per valid fax submitted. Class
<br />members who received only one fax and class members who received multiple faxes but who do not provide
<br />copies will be paid $500 for submission of a valid and timely Proof of Claim Form. The payment may be reduced
<br />pro rata if the value of claims received exceeds the value of the Settlement Fund. The Court has preliminarily
<br />approved this settlement, subject to a fairness hearing that will occur on December 4. 2017, at 9:30 a.m., in Room
<br />6A, United States District Court for the Middle District of Florida, Fort Myers Division, 2110 First Street, Fort,
<br />Myers, Florida 33901.
<br />D. WHAT ARE YOUR OPTIONS?
<br />1. Return a completed Claim Form: To receive a share of the settlement funds, you must complete, sign, and
<br />return a signed Claim Form postmarked, if sent by mail, or submitted by fax or electronically and received on
<br />or before October 21. 2017. The Claim Form is attached to this Notice. If your Claim Form is timely and valid,
<br />you will be mailed a check for your share of the proceeds. If you have retained copies of any faxes you
<br />believe to be advertisements sent by or on behalf of the Defendants, you should attach copies of all faxes you
<br />successfully received to this form. If you do not attach any faxes, your recovery under the Settlement will be
<br />limited to $500 per fax number, which may be reduced pro rata if the Settlement Fund is exhausted.
<br />2. Do nothing: If you do nothing, you will remain in the Class. You will be bound by the judgment against
<br />Defendants and you will release your claims against Defendants about Defendants' advertising faxes, but you
<br />will receive nothing.
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