Hiller v. Money Source Incorporated

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Natasha Hiller,
Plaintiff,
v.
Money Source Incorporated,
Defendant.
No. CV-23-00235-PHX-JJT
ORDER
At issue is Plaintiff’s Unopposed Motion for Preliminary Approval of Class Action
Settlement (Doc. 104). After reviewing the Motion and attached documents, the Court
makes the following findings:
1. The Court has subject matter jurisdiction over this matter pursuant to 28
U.S.C. § 1331 and 47 U.S.C. § 227(b)(3) and has personal jurisdiction over the Parties and
the Settlement Class Members.
2. Upon a preliminary fairness evaluation, the proposed Settlement Agreement
(1) appears to be the product of serious, informed, non-collusive negotiations, (2) has no
obvious deficiency, (3) does not improperly grant preferential treatment to class
representatives or segments of the class, and (4) falls within the range of possible approval.
Horton v. USAA Cas. Ins. Co., 266 F.R.D. 360, 363 (D. Ariz. 2009).
3. Upon a preliminary review, the proposed class is numerous, shares at least
one common question of law or fact, the claims or defenses of the representative parties
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are typical of the claims or defenses of the class, and the representative parties will fairly
and adequately protect the interests of the class, pursuant to Rule 23(a).
4. Upon a preliminary review, the questions of law or fact common to class
members predominate over questions affecting individual members and a class action is
superior to other available methods for the fair and efficient adjudication of the controversy
pursuant to Rule 23(b).
5. The proposed Settlement Agreement relief provided—a $1.5 million non-
reversionary settlement fund—is fair, reasonable, and adequate taking into account, inter
alia, the costs, risk, and delay of further litigation, trial and appeal, the alleged harm to
Settlement Class Members, the proposed method of distributing payments to the Settlement
Class, and the absence of any agreement required to be identified under Rule 23(e)(3).
6. The Court will likely be able to approve the Settlement under Fed. R. Civ. P.
23(e)(2) and to finally certify the Settlement Class for purposes of judgment on the
Settlement.
7. The content of the Notice and proposed Notice Plan attached to the
Settlement Agreement at docket entry 104-1 (“Agreement”), meets the requirements of due
process under the United States Constitution and Rule 23, and such Notice Plan—which
includes (i) direct letter notice, (ii) direct email notice, (iii) setting up a toll-free telephone
number; and (iv) establishing a Settlement Website at the web address of
www.moneysourceTCPAclassaction.com, where Settlement Class Members can view the
full Agreement, the detailed long-form notice, and other key case documents.
8. The content of the Notice and proposed Notice Plan is adequate and will give
the Settlement Class Members sufficient information to enable them to make informed
decisions as to the Agreement, including whether to object and whether to opt out.
9. The content of the Notice clearly and concisely states in plain, easily
understood language, inter alia: (a) the nature of the case; (b) the definition of the
Settlement Class; (c) the class claims and issues; (d) that a Settlement Class Member may
enter an appearance through an attorney if the member so desires; (e) that the Court will
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exclude from the Settlement Class any member who timely and validly requests exclusion;
(f) the time and manner for objecting to the Agreement or requesting exclusion; and (g) the
binding effect of a class judgment on Settlement Class Members under Rule 23(c)(3).
IT IS ORDERED granting Plaintiff’s Unopposed Motion for Preliminary Approval
of Class Action Settlement (Doc. 104) and additionally ordering as follows:
10. The Court preliminarily approves the Agreement and the terms embodied
therein pursuant to Fed. R. Civ. P. 23(e)(1). Unless defined herein, all defined terms in this
Order shall have the meanings ascribed to them in the Agreement attached to Plaintiff’s
Motion at docket entry 104-1.
11. In compliance with the Class Action Fairness Act of 2005, 28 U.S.C. § 1715,
Defendant shall promptly provide written notice of the Agreement to the appropriate
authorities if it has not already done so.
12. The Court amends, pursuant to Rule 23, the definition of the certified class
for the purpose of settlement as follows (“the Settlement Class”):
All persons throughout the United States or its territories (1) to
whom Defendant placed, or caused to be placed, a call, (2)
directed to a number assigned to a cellular telephone service
and that appears on the document produced at TMS005442, (3)
in connection with which Defendant used an artificial or
prerecorded voice, (4) after the called party requested that
Defendant stop placing telephone calls using an artificial or
prerecorded voice to their cellular telephone, as recorded in
Defendant’s business records, (5) from February 6, 2019
through May 7, 2025.
13. The Court appoints Natasha Hiller as Class Representative for the Settlement
Class and re-affirms and re-designates as Class Counsel for the Settlement Class Max S.
Morgan, Esq., of the Weitz Firm, LLC, 1515 Market Street #1100, Philadelphia, PA 19102,
and Chris R. Miltenberger, Esq. of the Law Office of Chris R. Miltenberger, PLLC, 1360
N. White Chapel, Suite 200, Southlake, TX 76092-4322.
. . .
. . .
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NOTICE AND INITIAL ADMINISTRATION
14. The Court approves the proposed Notice Plan as set forth in Section 7-9 of
the Agreement and the contents of the Notice (Doc. 104-1).
15. The Court appoints Atticus Administration LLC as the Administrator for the
Settlement and directs Atticus to carry out all the duties and responsibilities of the
Administrator as specified in the Class Action Settlement Agreement and herein
16. No later than thirty (30) days from the date of this Order (“Notice Date”),
the Administrator shall substantially complete (i) mailing Notice via first class mail and
(ii) sending email Notice to Settlement Class Members. In the event that any Notices are
returned as non-deliverable, the Claim Administrator shall promptly re-mail any Notices
that are returned as non-deliverable with a forwarding address to such forwarding address.
17. No later than the Notice Date, the Administrator shall maintain and
administer a dedicated Settlement Website and set up a toll-free telephone number for
receiving toll-free calls related to the Settlement.
18. In consultation with the Administrator, Defendant will fund the initial
settlement administration costs and notice costs with payment to the Settlement Fund not
later than the Notice Date.
19. Plaintiff, in consultation with the Administrator, will cause the settlement
fund to be invested in FDIC-insured, interest-bearing account(s) for the benefit of
Settlement Class Members.
20. The Court authorizes the Settlement Administrator to expend such funds to
pay notice and administration costs necessary to effectuate the approval process as well as
any incidental taxes or tax expenses as set forth in the Agreement and supervise and
administer the notice procedure.
21. In the event the Court does not enter a Final Order and Judgment, all proceeds
in the settlement fund, less amounts expended for class notice and necessary
administration, shall be returned to the Defendant.
. . .
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EXCLUSION AND OBJECTION PROCEDURES
22. Settlement Class Members who wish to either object to the Settlement or
request to be excluded from it must do so no later than seventy-five (75) days after the
Notice Date, which is the Opt-Out and Objection Deadline. Settlement Class Members
may not both object and opt out. If a Settlement Class Member submits both a Request for
Exclusion and an objection, the Request for Exclusion will be controlling.
23. To submit a Request for Exclusion (or opt-out), Settlement Class Members
must follow the directions in the Notice and send a compliant request to the Administrator
at the address designated in the Class Notice by the Opt-Out Deadline. In the Request for
Exclusion, the Settlement Class Member must state his or her full name, address, cellular
telephone number, provide a signature, and must state in writing that he or she wishes to
be excluded from the Settlement. No Request for Exclusion will be valid unless all of the
information described above is included. No Settlement Class Member, or any person
acting on behalf of or in concert or participation with that Settlement Class Member, may
exclude any other Settlement Class Member from the Settlement Class. Joint, combined,
collective, group, or class exclusions shall be invalid.
24. If a timely and valid Request for Exclusion is made by a member of the
Settlement Class, then that person will not be a Settlement Class Member, will not be
entitled to any payment from the Settlement Fund, and the Agreement, Release, and Final
Judgment will not bind the excluded person.
25. All Settlement Class Members who do not opt out in accordance with the
terms set forth in the Agreement will be bound by all determinations and judgments
concerning the Agreement and subject to the release in Section 14.1 of the Settlement.
26. To object to the Settlement, Settlement Class Members must follow the
directions in the Notice and file a written objection with the Court by the Objection
Deadline. In the written objection, the objecting Settlement Class Member must provide:
(a) their name, address, and cellular telephone phone number(s) at which they received
calls; (b) if represented by counsel, the name, address, and telephone number of the
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objecting Settlement Class Member’s counsel; (c) the specific factual and legal grounds
for the objection; (d) a signature; and a statement of whether the objecting Settlement Class
Member intends to appear at the Final Approval Hearing, either with or without counsel.
Any documents that the objecting Settlement Class Member wishes the Court to consider
must also be attached to the objection. Any objection shall identify any lawyer that
represents the Settlement Class Member as to objection. No objection will be valid unless
all of the information required above is included. The right to object to this Settlement must
be exercised by an individual Settlement Class Member, not by the act of another person
acting or purporting to act in a representative capacity. The Parties will have the right to
depose any objector as to the basis and grounds of his or her objection, and to assess the
objector’s membership in the Settlement Class and standing. Joint, combined, collective,
group, or class objections shall be invalid.
27. Any Settlement Class Member who has filed a timely and valid objection
may appear at the Final Approval Hearing, either in person or through an attorney hired at
the Settlement Class Member’s own expense, to object to the fairness, reasonableness, or
adequacy of the Settlement or the requests for attorneys’ fees and the class representatives’
service awards. In addition to the foregoing, if an objecting Settlement Class Member or
his/her attorney requests permission to speak at the Final Approval Hearing, the written
objection filed with the Court must contain a detailed statement of the specific legal and
factual basis for each and every objection and a detailed description of any and all evidence
the Settlement Class Member may offer at the Final Approval Hearing, including any and
all exhibits which the Settlement Class Member may introduce at the Final Approval
Hearing.
28. Any Settlement Class Member who fails to file a timely and valid written
objection with the Court and notice of his or her intent to appear at the Final Approval
Hearing in accordance with the terms of this Order, and as detailed in the Notice, and at
the same time provide copies to Class Counsel and Defendant’s Counsel, shall not be
permitted to object to the Agreement at the Final Approval Hearing, shall be foreclosed
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from seeking any review of the Agreement by appeal or other means, shall be deemed to
have waived his, her, or its objections, and shall be forever barred from making any such
objections in the Action. All members of the Settlement Class, except those members of
the Settlement Class who submit timely and valid Requests for Exclusion, will be bound
by the Release set forth in section 14.1 of Agreement.
29. By no later than thirty (30) days after the Notice Date, Plaintiff and Class
Counsel shall file their motion for attorneys’ fees, expenses, and service awards. Promptly
after they are filed, these document(s) shall be posted on the Settlement Website.
FAIRNESS HEARING
30. The Court will hold a Fairness Hearing on November 16, 2026 at 2:00 PM
(Arizona time) before District Judge John J. Tuchi in Courtroom 505, Sandra Day
O’Connor Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003, to
determine whether to approve certification of the class for settlement purposes; whether
the proposed terms and conditions in the Settlement Agreement are fair, reasonable, and
adequate; whether a final judgment should be entered; whether the proposed plan of
distribution should be approved; the amount of fees and expenses that should be awarded
to Class Counsel; and the amount of the service award that should be provided to the Class
Representative.
31. No later than thirty (30) days prior to the Fairness Hearing, the Parties
shall file any motions for final Settlement Approval, including any responses to any
objections that are submitted. Promptly after they are filed, these document(s) shall be
posted on the Settlement Website.
32. No later than fourteen (14) days prior to the Fairness Hearing, the
Administrator shall: (a) file with the Court a declaration stating that the Class Notice
required by the Settlement has been disseminated in accordance with the terms of this
Preliminary Approval Order; and (b) file with the Court a final list of persons who
submitted timely and valid requests for exclusion from the Settlement Class.
. . .
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33. Only the Parties and Settlement Class Members who have submitted timely
and valid objections, in accordance with the requirements of this Order, may be heard at
the Final Approval Hearing.
34. If the Settlement, including any amendment made in accordance therewith,
is not finally approved by the Court or shall not become effective for any reason
whatsoever, the Settlement and any actions taken or to be taken in connection therewith
(including this Order), shall be terminated and shall become null and void and of no further
force and effect except for (a) any obligations to pay for any expense already incurred in
connection with notice and settlement administration as set forth in the Settlement, and (b)
any other obligations or provisions that are expressly designated in the Settlement to
survive the termination of the Settlement.
35. Other than such proceedings as may be necessary to carry out the terms and
conditions of the Settlement, all proceedings in this Action are hereby stayed and
suspended until further Order of this Court.
36. The Class Action Settlement Agreement and any and all negotiations,
documents, and discussions associated with it, will not be deemed or construed to be an
admission or evidence of any violation of any statute, law, rule, regulation, or principle of
common law or equity, or of any liability or wrongdoing, by Defendant, or the truth of any
of the claims, and evidence relating to the Agreement will not be discoverable or used,
directly or indirectly, in any way, whether in the Action or in any other action or
proceeding, except for purposes of demonstrating, describing, implementing, or enforcing
the terms and conditions of the Agreement, this Order, and the Final Judgment and Order
of Dismissal.
37. If the Settlement is terminated or final approval does not occur for any
reason, the stay will be immediately terminated. If the Settlement is not approved or
consummated for any reason whatsoever, the Settlement and all proceedings in connection
with the Settlement will be without prejudice to the right of Defendant or the Settlement
Class Representative to assert any right or position that could have been asserted if the
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Agreement had never been reached or proposed to the Court. In such an event, the Parties
will return to the status quo ante in the Action and the certification of the Settlement Class
will be deemed vacated. The previously certified litigation class will be unaffected.
38. Pending the Final Approval Hearing, the Court hereby stays the continued
pursuit or prosecution of all Released Claims by Settlement Class Members, in this Court
or in any court, tribunal or proceeding, other than those proceedings necessary to carry out
or enforce the terms and conditions of the Settlement Agreement. Pursuant to 28 U.S.C. §§
1651(a) and 2283, the Court finds the issuance of this preliminary injunction as to
Settlement Class Members necessary and appropriate in aid of the Court’s continuing
jurisdiction and authority. Such injunction shall remain in force until the Final Approval
Hearing or until such time as the Parties notify the Court that the Settlement has been
terminated.
39. For the benefit of the Class Members, and to protect this Court’s jurisdiction,
this Court retains continuing jurisdiction over the Settlement proceedings to ensure the
effectuation thereof in accordance with the Settlement preliminarily approved herein and
the related Orders of the Court.
40. The Court hereby sets the following schedule of events:
Event Deadline
Issue Notice, publish a Settlement Website and
set up a toll-free telephone number for receiving
toll-free calls related to the Settlement, and fund
the initial settlement administration costs and
notice costs in the Settlement Fund.
30 days after entry of this Order
(“Notice Date”)
Filing Motion for Attorneys’ Fees and Costs 30 days after Notice Date
Class Members to object to or opt out of the
Settlement
75 days after Notice Date
Filing Motion in Support of Final Approval of
Settlement
30 days before Fairness Hearing
Filing Administrator’s Declaration and Final
Exclusion List
14 days before Fairness Hearing
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Fairness Hearing November 16, 2026 at 2:00 PM
(Arizona time)
Dated this 25th day of June, 2026.
Honorable John J. Tuchi
United States District Judge
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