Frequently Asked Questions

  1. Why was this Notice issued?
  2. What is a class action lawsuit?
  3. What is this lawsuit about?
  4. Why is there a Settlement?
  5. How do I know if I am in the Settlement Class?
  6. What were the allegedly unsolicited calls about?
  7. What does the Settlement provide?
  8. How do I make a claim?
  9. When will I get my payment?
  10. Do I have a lawyer in this case?
  11. Should I get my own lawyer?
  12. How will the lawyers be paid?
  13. What happens if I do nothing?
  14. What happens if I ask to be excluded?
  15. How do I ask to be excluded?
  16. If I don’t exclude myself, can I sue the Defendant for the same thing later?
  17. If I exclude myself, can I get anything from this Settlement?
  18. How do I object to the Settlement?
  19. What’s the difference between objecting and excluding myself from the Settlement?
  20. When and where will the Court hold a hearing on the fairness of the Settlement?
  21. Do I have to come to the hearing?
  22. May I speak at the hearing?
  23. Where can I get additional information?
  1. Why was this Notice issued?

    A Court authorized the Notice to let you know about a proposed Settlement with Sunrun. You have legal rights and options that you may exercise before the Court decides whether to approve the proposed Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

    Judge Richard Seeborg of the U.S. District Court for the Northern District of California is overseeing this class action. The case is captioned as Loftus, et al. v. Sunrun Inc., et al., No. 3:19-cv-01608-RS. The individuals who sued are called the “Representative Plaintiffs”. The company they sued, Sunrun Inc., is called the “Defendant."

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  2. What is a class action lawsuit?

    In a class action, one or more “Representative Plaintiffs” sue on behalf of a group of people who have similar claims. In this case and under this Settlement, these people are together called a “Settlement Class” or “Settlement Class Members.” In a class action, the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class. After the parties reached an agreement to settle this case, the Court recognized it as a case that may be treated as a class action for settlement purposes only.

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  3. What is this lawsuit about?

    The lawsuit alleges that telephone solicitations and/or text messages made by or on behalf of Sunrun violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”).  The lawsuit alleges that the Defendant violated the Telephone Consumer Protection Act because some consumers did not agree to receive these calls/texts, or because the calls/texts were made to consumers whose phone numbers were on the National Do Not Call Registry. Defendant denies the allegations and maintains that it has strong, meritorious defenses to the claims. The Settlement is not an admission of, and does not establish any, wrongdoing by Sunrun.

    More information about the complaint in the lawsuit and the Defendant’s answer can be found in the “Case Documents” section of this settlement website.

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  4. Why is there a Settlement?

    The Court has not decided whether the Representative Plaintiffs or Defendant should win this case. Instead, both sides agreed to a Settlement. The Representative Plaintiffs and their attorneys (“Class Counsel”) believe that the Settlement is in the best interests of the Settlement Class Members.

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  5. How do I know if I am in the Settlement Class?

    The Court decided that this Settlement includes a Class of all persons in the United States who, from September 1, 2018 to September 25, 2020, received from Sunrun, and/or from or on behalf of Media Mix, RMC and/or Americor in an effort to generate a lead or customer for Sunrun: (a) one or more calls (including text messages) on their cell phones placed via a dialing platform; and/or (b) at least two telemarketing calls (including text messages) during any 12-month period when their phone numbers appeared on the National Do Not Call Registry for at least 31 days before the calls.

    The following are excluded from the Settlement Class:

    (1) any trial judge and other judicial officers that may preside over this case;

    (2) the Mediators;

    (3) Sunrun, as well as any parent, subsidiary, affiliate or control person of Sunrun, and the officers, directors, agents, servants or employees of Sunrun;

    (4) any of the Released Parties;

    (5) any Settlement Class Member who has timely submitted a Request for Exclusion by the Opt-Out Deadline;

    (6) any person who has previously given a valid release of the claims asserted in the Action;

    (7) Plaintiffs’ Counsel; and

    (8) persons for whom Sunrun has a record demonstrating “prior express written consent” as defined by the TCPA.

    Everyone who fits this description, who is not excluded as per the above, is a member of the Settlement Class.

    If you received a postcard about this class action, your phone number may be one of the numbers that was called or sent a text message.

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  6. What were the allegedly unsolicited calls about?

    The calls/texts covered by this Settlement were allegedly made by Sunrun, or from a third party attempting to generate a customer  or leads for Sunrun, offering solar energy products.

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  7. What does the Settlement provide?

    As part of the Settlement, Defendant has agreed to create a $5,500,000 Settlement Fund. The Settlement Fund will be used to pay all valid claims, costs of administering the Settlement, attorneys’ fees and costs, and any incentive payments to the Representative Plaintiffs.

    Under the Settlement Agreement, Settlement Class Members must request a payment by submitting by mail or online a valid Claim Form saying that they received an unsolicited call/text and providing all the information requested in the Claim Form. 

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  8. How do I make a claim?

    The Settlement creates a claims process. You can get the Claim Form on the Settlement website or by calling
    1-855-786-0905. The Claim Form may be submitted online or by U.S. Mail sent to Loftus, et al. v. Sunrun Inc., et al. Settlement Administrator, P.O. Box 43486, Providence, RI 02940-3486. If you file a valid Claim Form and your claim is approved, you will receive a single payment. Your payment amount will depend on how many Settlement Class Members submit valid Claim Forms. The Settlement Fund will be divided and distributed equally—sometimes referred to as “pro rata”—to all Settlement Class Members who submit a valid Claim Form after attorneys’ fees, costs and expenses, any award for the Representative Plaintiffs, and notice and administration costs have been deducted.

    The Claim Form requires you to provide your name, address, and the telephone number that you received the call(s) /text(s) on. You must verify that you are a member of the Settlement Class and verify the telephone number on which you received the call(s) /text(s).

    All Claim Forms must be received and properly completed on or before January 28, 2021.

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  9. When will I get my payment?

    The hearing to consider the final fairness of the Settlement is scheduled for May 6, 2021. If the Court approves the Settlement, and after any appeals process is completed, eligible Settlement Class Members whose claims were approved will be sent a check in the mail or electronic payment. If Final Approval is granted, checks will be issued no sooner than August 4, 2021. Please be patient. All checks will expire and become void 180 days after they are issued.

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  10. Do I have a lawyer in this case?

    Yes, the Court has appointed lawyers Edward A. Broderick, Esq., from Broderick Law, P.C., Matthew P. McCue, Esq., from the Law Offices of Matthew P. McCue, Anthony I. Paronich, Esq., from Paronich Law, P.C., and Andrew Heidarpour, Esq., from Heidarpour Law Firm, PLLC, as the attorneys to represent you and other Settlement Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed plaintiffs William Loftus, Sidney Naiman, and Louis Naiman to serve as the Representative Plaintiffs. They are Settlement Class Members like you.

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  11. Should I get my own lawyer?

    You do not need to hire your own lawyer. Class Counsel is working on your behalf. However, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask your lawyer to appear in Court for you, at your own expense, if you want someone other than Class Counsel to represent you.

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  12. How will the lawyers be paid?

    Class Counsel will ask the Court for attorneys’ fees in an amount not to exceed $1,833,333 (1/3 of $5.5 million), and expenses not to exceed $35,000, and will also request an award of up to $5,000 each for the three Representative Plaintiffs. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any award to the Representative Plaintiffs. The Court may award less than the amounts requested by Class Counsel and the Representative Plaintiffs, and any money not awarded from these requests will stay in the Settlement Fund to pay Settlement Class Members.

    Sunrun has not made any agreement with Class Counsel as to the amounts that they will receive for attorneys’ fees, costs, and expenses.

    Class Counsel will file with the Court and post on the Settlement website its request for attorneys’ fees, costs and expenses, and incentive awards by December 8, 2020.

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  13. What happens if I do nothing?

    If you do nothing, you will receive no payment under the Settlement, you will be in the Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court. Also, unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendant for the claims being resolved by this Settlement.

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  14. What happens if I ask to be excluded?

    If you exclude yourself from the Settlement, you cannot claim any money or receive any benefits as a result of the Settlement. You will keep your right to bring your own separate lawsuit against the Defendant for the claims resolved in this Settlement. You will not be legally bound by the Court’s judgments related to the Settlement Class in this class action.

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  15. How do I ask to be excluded?

    You can ask to be excluded from the Settlement. To do so, you must send a letter clearly stating that you want to be excluded from the Settlement in Loftus, et al. v. Sunrun Inc., et al., No. 3:19-cv-01608-RS. Your letter must also include your name, address, the phone number that you contend you received the call(s)/text(s) on, and your signature. You must mail your exclusion request postmarked no later than January 28, 2021 to:

    Loftus, et al. v. Sunrun Inc., et al. Settlement Administrator

    P.O. Box 43486

    Providence, RI 02940-3486

    You cannot exclude yourself by phone, fax or email.

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  16. If I don’t exclude myself, can I sue the Defendant for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue Defendant for the claims being resolved by this Settlement.

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  17. If I exclude myself, can I get anything from this Settlement?

    No. If you exclude yourself, you may not submit a Claim Form to ask for a payment.

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  18. How do I object to the Settlement?

    If you are a Settlement Class Member and you do not exclude yourself from the Settlement Class, you can object to the Settlement if you do not like any part of it. You can give reasons why you think the Court should deny approval by filing an objection. You cannot ask the Court to order a larger or different settlement; the Court can only approve or deny the Settlement. If the Court denies approval, no settlement payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you must object in writing. The Court will consider your views. Your objection and supporting papers must include:

    1. A caption or title that identifies it as “Objection to Class Settlement in Loftus, et al. v. Sunrun Inc., et al., No. 3:19-cv-01608-RS";
    2. Your full name, address, and telephone number;
    3. The name, address, and telephone number of any attorney representing you with respect to the objection;
    4. The factual basis and legal grounds for the objection, including any documents sufficient to establish the basis for your standing as a Settlement Class Member, including the date(s) and phone number(s) at which you received the calls/texts covered by this Settlement; and
    5. The case name, case number, and court for any prior class action lawsuit in which you and your attorney (if applicable) have objected to a proposed class action settlement.

    Your written objection must be signed and dated, and postmarked no later than January 28, 2021. You must mail your objection to the Settlement Administrator at:

    Loftus, et al. v. Sunrun Inc., et al. Settlement Administrator

    P.O. Box 43486

    Providence, RI 02940-3486

    If, in addition to submitting a written objection to the Settlement, you wish to appear and be heard at the Final Approval Hearing on the fairness of the Settlement, you must file by January 28, 2021 a notice of intention to appear with the Court and list the name, address, and telephone number of the attorney, if any, who will appear on your behalf. If you choose to appear at the Final Approval Hearing, you may not raise matters that you could have raised but did not raise in your written objection, and all objections that are not set forth in your written objection may be deemed waived.

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  19. What’s the difference between objecting and excluding myself from the Settlement?

    Objecting simply means telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class (i.e., you do not exclude yourself from the Settlement). Excluding yourself from the Settlement Class is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

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  20. When and where will the Court hold a hearing on the fairness of the Settlement?

    A Final Approval Hearing has been set for May 6, 2021 at 1:30 p.m., before the Honorable Richard Seeborg at San Francisco Courthouse, Courtroom 3, 17th floor, 450 Golden Gate Avenue, San Francisco, CA 94102. At the hearing, the Court will hear any objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive awards to the Representative Plaintiffs.

    Note: The date and time of the Final Approval Hearing are subject to change by Court Order, but any changes will be posted at the Settlement website, www.SolarTCPASettlement.com, or through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov.

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  21. Do I have to come to the hearing?

    No. Class Counsel will answer any questions the Court may have, but you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay another lawyer to attend, but you do not have to.

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  22. May I speak at the hearing?

    If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement by following the instructions in frequently asked question 18.

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  23. Where can I get additional information?

    The Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available at www.SolarTCPASettlement.com, leave a voicemail message for Class Counsel at 1-855-786-0905, access the Court docket in this case through the Court’s PACER system at https://ecf.cand.uscourts.gov, or visit the office of the Clerk of the Court for the United States District Court for the Northern District of California, San Francisco Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102 between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

    PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.

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