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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

CITY SELECT AUTO SALES, INC., a New Jersey 

corporation, individually and as the representative of a 

class of similarly situated persons, Plaintiff, 

 

 v. 

 

DAVID RANDALL ASSOCIATES, INC., et al, Defendants. 

 

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Case No. 11-2658 (JBS-KMW) 

NOTICE OF PENDING CLASS ACTION

PLEASE READ THIS NOTICE CAREFULLY. THIS IS NOT AN ATTEMPT TO COLLECT 

MONEY FROM YOU. IT IS NOT A NOTICE OF A LAWSUIT AGAINST YOU. 

To: All persons or entities, with whom David Randall Associates did not have 

an established business relationship, who were successfully sent one or 

more unsolicited faxes during the period March 29, 2006, through May 16, 

2006, stating, “ROOF LEAKS??? REPAIRS AVAILABLE Just give us a 

call and let our professional service technicians make the repairs!” and 

“CALL: David/Randall Associates, Inc. TODAY.” 

A. WHY ARE YOU RECEIVING THIS NOTICE? 

You are receiving this Notice because you are a member of the Class (defined above). Your name and 

contact information (including your fax number) were identified in discovery in the lawsuit. This notice informs 

you about this pending lawsuit, that you may be a member of the Class, and that you have certain rights to 

participate in or exclude yourself from the lawsuit. This Notice is not an expression by the Court about the 

merits of the case. 

B. WHAT IS THIS LAWSUIT ABOUT? 

In the lawsuit, Plaintiff claims that Defendants violated the federal Telephone Consumer Protection Act, 47 

U.S.C. § 227 et seq. (the “TCPA”) by faxing advertisements to the members of the Class without their prior 

express invitation or permission. Plaintiff seeks money damages for every Class member. The Court certified 

the case as a class action so that the claims about Defendants’ faxes can be resolved class-wide in this 

single lawsuit. The Court’s decision to certify the class as a class action did not decide any of the merits of the 

case. Plaintiff contends that 44,382 advertising faxes were successfully sent to 29,113 unique fax numbers at 

the direction of Defendants. Defendants deny Plaintiff’s allegations and any liability to the Class. This 

description of the case is general and does not cover all the issues or proceedings. 

C. WHO REPRESENTS THE CLASS?

The Court appointed Plaintiff (City Select Auto Sales, Inc.) as the class representative, and appointed 

Plaintiff’s attorneys as Class Counsel: 

Bock & Hatch, LLC 

134 N. La Salle St., Ste. 1000 

Chicago, IL 60602 

Sherman, Silverstein, Kohl, Rose & Podolsky, P.A. 

308 Harper Drive, Suite 200 

Moorestown, NJ 08057 

Class Counsel represents the entire class. You have the right to retain your own attorney at your own expense to 

assist you in this case, but need not do so. You have the right to attend any hearing in this matter. 

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D. WHAT ARE YOUR OPTIONS? 

You can remain in the Class or exclude yourself from the Class. Each choice has certain risks and 

consequences. You can discuss your choice with Class Counsel or your own attorney. The Court will exclude 

anybody who exercises his right to be excluded from the Class and this case. 

1. Do Nothing. 

If you do nothing, you will remain a member of the Class. You will lose your right to file your own 

separate lawsuit against Defendants about their advertising faxes and you will be bound by the result of 

the lawsuit, whether that result is favorable or unfavorable. If Plaintiff prevails or if the parties reach a 

settlement, you will be entitled to a recovery in the amount the Court finds fair and reasonable. If Plaintiff 

prevails, you may receive up to $500.00 for each fax sent to you. If the Court finds that Defendants 

violated the TCPA willfully or knowingly, the Court may, in its discretion, increase the amount of the award 

up to $1,500 for each violation. 

 As a member of the Class, you will be represented by Class Counsel. This representation is entirely 

contingent; that is, Class Counsel will only be paid if they are successful and you will not have to pay 

them anything if they are unsuccessful. You will not have to pay any money as a result of staying in the 

Class, except that attorneys’ fees may be deducted from any recovery to the Class. If you have not 

requested to be excluded from the class and should choose to file a separate appearance, you must do 

so on or before __________________, 2014. 

2. Opt Out of the Class. 

You have the right to exclude yourself from the class action by sending a written request for exclusion to 

the Clerk of the U.S. District Court, District of New Jersey, Martin Luther King Building & U.S. Courthouse, 

50 Walnut Street Room 4015, Newark, NJ 07101. If you exclude yourself from the Class, you will retain 

any claims you might have against Defendants, you will not be bound by any judgment or disposition of 

this case, and you will not share in any recovery awarded by the Court or provided in a settlement 

agreement. Your request for exclusion must be postmarked on or before ______________, 2014. You 

must also send a request for exclusion on the attorneys for the Plaintiff at the following address, filed and 

postmarked by the same date: 

 Jonathan B. Piper 

 David Randall – Opt Out Request 

Bock & Hatch, LLC 

134 N. La Salle St., Ste. 1000 

Chicago, IL 60602 

Class Counsel will inform the Court and Defendants’ attorneys of your exclusion request. 

E. HOW DO I LEARN MORE ABOUT THE LAWSUIT? You can view and copy the papers for this case (at 

your own expense) in the Clerk’s Office of the U.S. District Court, District of New Jersey, Martin Luther King 

Building & U.S. Courthouse, 50 Walnut Street Room 4015, Newark, NJ 07101. If you have specific questions, you 

can write to Class Counsel. You may also call Plaintiff’s attorneys Tod A. Lewis or Jonathan B. Piper at 312-658-

5500. 

Do not contact the Judge, the Judge’s staff, or the Clerk of the Court because they cannot answer your 

questions or give you advice about this case. 

BY ORDER OF THE COURT - HON. JEROME B. SIMANDLE 

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