Cassidy v. Real Good Foods, LLC

The lawsuit alleges that Defendants sent text message calls to Plaintiff’s wireless telephone number after Plaintiff asked Defendant to stop doing so in violation of the Telephone Consumer Protection Act, and seeks actual and statutory 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 litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.

The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts the use of marketing related text message calls after someone asks the sender to stop sending text messages.

The Settlement includes all persons who received a text message on their telephone from Defendant after having first asked Defendant to stop doing so. Specifically, the Settlement Class is defined as:

All persons within the United States who, within the four years prior to the filing of this Complaint, (1) were sent a text message from Defendant or anyone on Defendant’s behalf, (2) regarding Defendant’s goods, products or services, (3) to said person’s residential telephone number, (4) after making a request to Defendant to not receive future text messages.

Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as “Settlement Class Members.” The Settlement Class excludes the following: (1) the trial judge presiding over this case; (2) Defendant, as well as any parent, subsidiary, affiliate, or control person of Defendant, and the officers, directors, agents, servants, or employees of Defendant; (3) any of the Released Parties; (4) the immediate family of any such person(s); any Settlement Class Member who has timely opted out of this proceeding; and (6) Plaintiff’s Counsel, their employees, and their immediate family.

To fully settle and release claims of the Settlement Class Members, Defendant has agreed to make $1,253,159.25 (the “Settlement Fund”) available for claims by the Settlement Class Members. Defendant will also pay for notice and administration costs of the Settlement, attorneys’ fees and expenses incurred by counsel for the Settlement Class, and service award for Plaintiff. Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator equal to their pro rata share of any funds available (up to $8.25 per the Settlement Class Member in cash or $25.00 in voucher which can be used to purchase Defendant’s products) from the Settlement Fund after all Attorneys’ Fees and expenses, all Notice and Administration Costs, and any Service Award have been paid. Class Claimants will be sent their Claim Settlement Payments to the address they submitted on their Claim Form within 60 days following the Effective Date.

If you qualify for a payment, you must complete and submit a valid Claim Form. You may download a Claim Form at the Settlement Website, here, or request a Claim Form by calling the Settlement Administrator at the toll-free number below. To be valid, a Claim Form must be completed fully and accurately and submitted timely. One claim is allowed per Settlement Class Member. You must submit a Claim Form by U.S. mail or through the Settlement Website, and it must be postmarked by July 30, 2024.

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

Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against Defendants about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of 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 Settlement Class listed in FAQ 13 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.

In a class action, one person called the plaintiff sues on behalf of themselves and other people with similar claims. All of the people who have claims similar to the plaintiff are settlement class members, except for those who exclude themselves from the class, among others.

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

1. A heading that includes the case name and case number: Cassidy v. Real Good Foods, LLC., Case Number 2024-006078-CA-01.
2. Your name, address, telephone number, the cell phone number at which you received text messages from Defendant and if represented by counsel, the name, bar number, address, and telephone number of your counsel;
3. A signed statement stating, under penalty of perjury, that you received one or more text message from Defendants and are a member of the Settlement Class;
4. A statement of all your objections to the Settlement including your legal and factual basis for each objection;
5. A statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel, and if with counsel, the name of your counsel who will attend;
6. The number of times in which your counsel and/or 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 counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior objections that were issued by the trial and appellate courts in each listed case;
7. A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and
8. 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 June 25, 2024.

To exclude yourself from the Settlement, you must send a timely letter by mail to:

Cassidy v. Real Good Foods, LLC
Claims Administrator
P.O. Box 2839
Portland, OR 97208-2839

Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a statement that indicates your desire to be “excluded from the Settlement Class” and that, absent of excluding yourself or “opting out,” you are “otherwise a member of the Settlement Class.”

Your exclusion request must be postmarked no later than June 25, 2024. You cannot ask to be excluded on the phone, by email, or at the Settlement Website. You may opt out of the Settlement Class only for yourself.

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

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

If you are a 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.

The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.

You will not be charged for these lawyers. 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 $400,000 for attorneys’ fees plus reasonable, actual out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid by Defendant. The Court will decide the amount of fees and expenses to award.

Class Counsel will also request that Service Award of up to $10,000.00 for Plaintiff for their service as Class Representative on behalf of the whole Settlement Class. Any Service Award will be paid by Defendant.

The Court has scheduled a Final Approval Hearing on July 15, 2024 at 10:00 a.m. 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 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.

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.

You cannot speak at the hearing if you exclude yourself from the Settlement.

No. Class Counsel will answer any questions the Court may have. But you are welcome to attend the 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 submitted 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.

Payments in the form of a check to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved If there are appeals, resolving them can take time. Please be patient.

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 here.

You also may write with questions to the Settlement at the following address:

Cassidy v. Real Good Foods, LLC
Claims Administrator
P.O. Box 2839
Portland, OR 97208-2839


or call the toll-free number, 1-877-356-0520.