Frequently Asked Questions

A Court authorized this Settlement Website because you have a right to know about a proposed Settlement of a class action lawsuit known as Garcia v. FCA US LLC, in the Circuit Court of the Eleventh Judicial Circuit, Miami-Dade County, and about all your options before the Court decides whether to give final approval to the Settlement. This Settlement Website explains the Action, the Settlement, and your legal rights.

A Judge of the Eleventh Judicial Circuit, Miami-Dade County, Florida is overseeing this case. The person who sued, Rick-Vincent Garcia, is called the “Plaintiff.” FCA US LLC is called the “Defendant” or “FCA US.”  

The Action alleges that FCA US sent ringless voicemail marketing messages to Plaintiff’s wireless telephone number without prior express written consent in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, and seeks damages under the TCPA on behalf of the named Plaintiff and a class of all individuals in the United States.

Defendant denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the Action and that the claims in the Action would be appropriate for class treatment if the Action were to proceed through trial.

The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts certain telephone solicitations and the use of automated telephone equipment without prior express consent.

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

All of the people who have claims similar to the Plaintiff’s are Settlement Class Members, except for those who exclude themselves from the Class.

The Court has not found in favor of either Plaintiff or FCA US. Instead, both sides have agreed to a Settlement. By agreeing to the proposed Settlement, the parties avoid the costs and uncertainty of a trial, and if the proposed 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 ringless voicemail on their cell phone from FCA US in or about July 2018 regarding FCA US's Ram Trucks. Specifically, the Settlement Class is defined as:

All persons within the United States who, in or about July 2018, (i) received a call using an artificial or prerecorded voice, (ii) on their cellular phone, (iii) regarding Defendant's Ram Truck.

Persons meeting this definition are referred to collectively as th "Garcia Settlement Class" and, individually, as "Garcia Settlement Class Members."

The Garcia Settlement Class excludes the following: (1) FCA US; (2) any affiliate, parent, or subsidiary of FCA US; (3) any entity in which FCA US has a controlling interest; (4) any officer, director, or employee of FCA US; (5) any of the Released Parties; (6) any successor or assign of FCA US; (7) any judge to whom the Actions are assigned and their immediate family members: (8) any person that previously released their claims in an individual settlement with FCAUS with respect to the issues raised in the Actions; (9) Class Counsel, their employees, and their immediate family members; and (10) individuals and/or entities who validly and timely opt out of the Settlement.

If you are not sure whether you are in the Garcia Settlement Class or have any other questions about the proposed Settlement, call the toll-free telephone number, (833) 462-3480, or use the Contact Us form located here. You may also send questions to the Administrator at FCA US TCPA c/o Kroll Settlement Administration LLC, P.O. Box 5324, New York, NY 10150-5324.

To fully settle and release claims of the Garcia Settlement Class Members, FCA US has agreed to make available a Settlement Fund to make payments to the Settlement Class Members in this and another lawsuit who submit a valid Claim Form, to pay for Notice and Administration Costs of the Settlement, to pay certain Attorneys’ Fees and Expenses incurred by Class Counsel, and to pay a Service Award for Plaintiff. Each Settlement Class Member in this case who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by the Settlement Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator in the amount of up to $25, less a pro rata reduction for attorneys’ fees and any Service Award approved by the Court, which may be further reduced pro rata so that FCA US’s total payment of Claims, Attorneys’ Fees and Expenses, and Service Awards in both Actions shall not exceed the amount of the Settlement Fund. Settlement Class Claimants will be sent their Claim Settlement Checks to the address they submitted on their Claim Form within 100 days following the Effective Date of the proposed Settlement. One Claim is allowed per Settlement Class Member per cellular telephone number that was sent a message from FCA US. 

To receive a Claim Settlement Payment, you must complete and submit a valid Claim Form by the Claim Deadline stated below. Beginning on March 18, 2024, you may download a Claim Form here, or request a Claim Form by calling the Administrator at the toll-free telephone number, (833) 462-3480. To be valid, a Claim Form must be completed fully and accurately, signed under penalty of perjury, and submitted to the Administrator no later than May 17, 2024. 

You may submit a Claim Form by U.S. Mail or here. If you send in a Claim Form by U.S. Mail, it must be postmarked by May 17, 2024. Claim Forms submitted online must be submitted by 11:59 PM ET on May 17, 2024. Your Claim Form must include the Claim ID Code that was provided to you in the Class Notice you received from the Administrator. 

Please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Garcia Settlement Class Member. 

Claim Settlement Payments in the form of a Claim Settlement Check to Garcia 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.

If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Defendant on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself—or it is sometimes referred to as “opting out” of the Garcia Settlement Class.

If you do not wish to participate in the proposed Settlement, and do not want to be legally bound by the Settlement, you must take action to exclude yourself by April 12, 2024. To exclude yourself from the proposed Settlement, you must send a timely Request for Exclusion letter by mail to:

FCA US TCPA Settlement

c/o Kroll Settlement Administration LLC 

PO Box 5324

New York, NY 10150-5324

To be effective, your Request for Exclusion from the proposed Settlement must; (1) identify the case name (Garcia v. FCA US LLC); (2) include your full name, address, and telephone number; (3) specifically and unambiguously state your desire to be excluded from the proposed Settlement; (4) be individually and personally signed by you (and your attorney, if you are represented by one).

Your Request for Exclusion must be postmarked no later than the Opt-Out Deadline of April 12, 2024. You cannot asked to be excluded on the phone, by email, or at this Settlement Website.

You may opt out of the Garcia Settlement Class only for yourself. 

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

Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against FCA US about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all 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 Garcia Settlement Class listed in Question 15 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.

No. You will not get a Claim Settlement Payment from the Settlement Fund if you exclude yourself from the Settlement.

The Court has appointed the following lawyers as "Class Counsel" to represent the Garcia Settlement Class.

Manuel S. Hiraldo, Esq.

Hiraldo P.A.

401 E. Las Olas Boulevard, Suite 1400

Ft. Lauderdale, Florida 33301

Jacob Phillips, Esq.

Ed Normand, Esq.

Normand PLLC

3165 McRory Place, Ste. 175

Orlando, Florida 32803

Scott Edelsberg, Esq.

Edelsberg Law, PA

20900 NE 30th Avem #417

Aventura, Florida 33180

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 $3,000,000 (for the Consolidated Action) for Attorneys' Fees and Expenses which will include reimbursement of reasonable, actual out-of-pocket expenses incurred in the Action. Under the proposed Settlement, these lawyers will be paid from the Settlement Fund, with each Settlement Class Claimant contributing a portion of their Claim Settlement Payment for the Attorney' Fees and Expenses approved by the Court. The Court will decide the amount of fees and expenses to award.

Class Counsel will also request that a Service Award of $8,500 for Plaintiff Garcia be paid from the Settlement Fund for his service as Class Representative on behalf of the Garcia Settlement Class.

If you are a Garcia Settlement Class Member (and do not exclude yourself from the Garcia Settlement Class), you can object to the Settlement. To object, you must timely submit a letter that includes the following:

A heading that includes the case name (Garcia v. FCA US LLC) and case number (2022-0039960CA01);

Your full name, address, telephone number, and cellular telephone number at which you received a ringless voicemail message from FCA US;

A signed statement stating, under penalty of perjury, that you received a ringless voicemail message from FCA US and are a member of the Garcia Settlement Class;

A statement of all your objections to the Settlement including your legal and factual basis for each objection;

If you are represented by counsel, the name, address, and telephone number of all attorneys representing you, including any former or current counsel who may be entitled to compensation for any reason related to your objection;

A statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel, and if counsel, the name of your counsel who will attend;

The number of times in which you, your counsel and/or your counsel's law firm have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which you, your counsel, or the firm made such objection, and a copy of any orders related to or ruling upon the objections that were issued by the trial and appellate courts in each listed case;

A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and

Any and all agreements that relate to the objection or the process of objecting - whether written or verbal - between you or your counsel and any other person or entity.

If you wish to object, you must file your objection with the Court (using the Court's electronic filing system or in any manner in which the Court accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by the Objection Deadline of April 12, 2024.

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 May 2, 2024, at 9:00 AM ET at the Eleventh District Court in Miami-Dade County, at this link. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check here 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 Final Approval 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 submit 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 above).

You cannot speak at the Final Approval Hearing if you exclude yourself from the Settlement.

If you are a Garcia 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 judgment entered by the Court.

This Settlement Website summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement. You also may write with questions to the Administrator at FCA US TCPA Settlement c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324 or call the toll-free telephone number, (833) 462-3480.