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CERTIFICATE OF SERVICE 

I, Beth E. Terrell, hereby certify that on October 3, 2013, I electronically filed the 

foregoing with the Clerk of the Court using the CM/ECF system which will send notification of 

such filing to the following: 

Gary S. Caplan, #6198263 

Email: gcaplan@ReedSmith.com 

Henry Pietrkowski, #6230048 

Email: hpietrkowski@ReedSmith.com 

Timothy R. Carraher, #6299248 

Email: tcarraher@ReedSmith.com 

REED SMITH LLP 

10 South Wacker Drive, 40th Floor 

Chicago, Illinois 60606 

Telephone: (312) 207-1000 

 Attorneys for Defendant

 DATED this 3rd day of October, 2013. 

 TERRELL MARSHALL DAUDT & WILLIE PLLC 

 By: /s/ Beth E. Terrell, Admitted Pro Hac Vice

Beth E. Terrell, Admitted Pro Hac Vice

Email: bterrell@tmdwlaw.com 

936 North 34th Street, Suite 300 

Seattle, Washington 98103-8869 

Telephone: (206) 816-6603 

Facsimile: (206) 350-3528 

Attorneys for Plaintiff

Case: 1:12-cv-01612 Document #: 79-3 Filed: 10/03/13 Page 7 of 12 PageID #:414
— EXHIBIT 1 — 

Case: 1:12-cv-01612 Document #: 79-3 Filed: 10/03/13 Page 8 of 12 PageID #:415
www.FifthThirdTCPASettlement.com 1-866-802-1808

If You Received an Automated or Prerecorded Call from Fifth Third Bank on Your Cell Phone, 

You Could Get Money from a Class Action Settlement.

Who Is a Class Member? – You may be a member of the 

Settlement Class if anytime on or after March 6, 2008 through 

June 11, 2013, Fifth Third Bank (“Fifth Third”) or any of its 

affiliates or subsidiaries, or any entity acting on its behalf, placed 

a non-emergency call to your cell phone using an automatic 

dialing system and/or an artificial or prerecorded voice without 

your consent or after you had revoked consent for such calls. 

Excluded from the Settlement Class are the Judge and the 

Judge’s staff and immediate family, as well as all persons who 

validly request exclusion from the Settlement Class.

Terms of the Settlement – Fifth Third will pay $4,500,000 into 

a Settlement Fund (the “Fund”) in full and complete settlement 

and release of all claims of Plaintiff and the Settlement Class 

Members, as described in the Settlement Agreement. All 

Settlement Awards to Settlement Class Members, an attorneys’ 

fee award to be decided by the Court, any incentive award to be 

determined by the Court, any cy pres distribution to charity, and 

the costs for Notice and Claims Administration will be paid out 

of the Fund. Settlement Awards will be distributed to Settlement 

Class Members on a claims-made basis. Settlement Awards 

will be made on a pro rata basis from the amount of the Fund 

remaining after deducting the Settlement Costs from the Fund.

Your Rights and Options – To get a Settlement Award from the 

Fund, you must file a valid and timely claim form (attached).

Claim forms can be submitted online or by mail at PO Box 3012, 

Faribault, MN 55021-5042. If you have any questions about 

filing a claim form, contact the Claims Administrator at 1-866-

802-1808. The deadline to file a claim is November 22, 2013.

If you do NOT want to participate in the settlement, you may 

exclude yourself from the settlement by submitting a written 

request postmarked by October 10, 2013. If you do not exclude 

yourself, you will be bound by the terms of the settlement and 

give up your right to sue regarding the settled claims.

If you are a Settlement Class Member, and have not excluded 

yourself from the settlement, you can object to the settlement 

including Class Counsel’s fee request. Written objections must 

be sent to Counsel postmarked by October 10, 2013. Address 

information for both are available on the settlement website. Class 

Counsel is requesting fees of $1,500,000. Anyone who objects to 

the settlement may ask to appear at the Final Approval Hearing.

The Court has set the Final Approval Hearing for December 

23, 2013 in front of Judge Ruben Castillo, at the U.S. District 

Court for the Northern District of Illinois Eastern Division 

located at 219 South Dearborn Street, Chicago, IL 60604, in 

courtroom 2541.

This notice is only a summary. Complete details about your 

rights and options are available on the settlement website or by 

contacting the Claims Administrator. Do not call the Court.

FIFTH THIRD HANLEY SETTLEMENT

Tear off, complete and mail to the address on the other side of this card, 

postmarked by November 22, 2013.

1. Name: 

2. Address: 

 City: State: Zip Code: 

3. Contact telephone number: Email (optional): 

4. Cell phone number at which you received phone call(s) from Fifth Third without consent:

By submitting this claim form, I certify under oath that the information I have provided above is true and correct. I also certify that 

on or after March 6, 2008, I received one or more telephone calls from Fifth Third to my cellular telephone through the use of an 

automatic telephone dialing system and/or an artificial or prerecorded voice without my consent. I understand under the Settlement 

Agreement I am forever releasing and waiving any right to seek compensation or make any claim regarding such telephone calls 

to my cellular telephone.

 

 Date Signature

*3968* *CF* *RUST*

Exhibit 1

Case: 1:12-cv-01612 Document #: 79-3 Filed: 10/03/13 Page 9 of 12 PageID #:416
Notice ed Legal Court-Order

FIFTH THIRD HANLEY SETTLEMENT ADMINISTRATOR

P.O. BOX 3012

FARIBAULT, MN 55021-5042

Important Notice About the Fifth Third Hanley Settlement

* BARCODE *

NAME

ADDRESS

CITY STATE ZIP CODE

PRESORTED

FIRST-CLASS MAIL

U.S. POSTAGE

PAID

FIFTH THIRD HANLEY SETTLEMENT ADMINISTRATOR 

PO BOX 3012

Faribault, MN 55021-5042

PLACE

STAMP

HERE

*barcode*

Case: 1:12-cv-01612 Document #: 79-3 Filed: 10/03/13 Page 10 of 12 PageID #:417
— EXHIBIT 2 — 

Case: 1:12-cv-01612 Document #: 79-3 Filed: 10/03/13 Page 11 of 12 PageID #:418
Page 1 of 1 

Date Ad(s) Ran

9/8/2013

9/10/2013

9/2/2013

9/2/2013

9/2/2013

9/10/2013

9/2/2013

9/10/2013

9/4/2013

Estimated 

Impressions

1,428,571

1,250,000

1,111,111

1,000,000

3,076,923

5,094,340

3,058,104

2,816,901

2,000,000

5,000,000

parade.com 728x90; 300x250; 160x600 Confirmed

Specific Media 728x90, 300x250, 160x600 Confirmed

Collective 728x90, 300x250, 160x600 Confirmed

Owner's IQ 160x600; 300x250; 728x90 Confirmed

adconion network 728x90, 300x250, 160x600 Confirmed

Casale Media 728x90, 300x250, 160x600 Confirmed

24/7 Network 728x90; 300x250; 160x600 Confirmed

24/7 Network 728x90; 300x250; 160x600 Confirmed

24/7 Network 728x90; 300x250; 160x600 Confirmed

24/7 Network 728x90; 300x250; 160x600 Confirmed

Online Media Ad Type/Size Ads Ran?

Web

Grand Rapids Press 1/6 Pg (5.387" x 9") A6 Yes

Parents Half Page (3.5" x 10") 242 Yes

Newspaper(s)

Motor Trend Half Page (7" x 4.875") 117 Yes

Ohio Magazine 4.625" x 7.5" 23 Yes

Indianapolis Monthly 4.5" x 7" 163 Yes

Kentucky Living 4.8125" x 7.5" 36 Yes

Good Housekeeping Half Page (3.625" x 10.625") 168 Yes

Illinois Country Living 4.5" x 7.3125" 27 Yes

Magazine(s)

City & Shore 3.625" x 9.75" 125 Yes

Media Buy Report

FifthThird Robocall Settlement 

Paid Media 

Print Media Unit Type/Size Page # of Ad Tearsheet Received?

Exhibit 2Case: 1:12-cv-01612 Document #: 79-3 Filed: 10/03/13 Page 12 of 12 PageID #:419