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Edward Zyburo v. NCSPlus Inc.

Case Number: 12-cv-06677 (JSR)

United States District Court for the Southern District of New York

A federal court authorized this notice. This is not a solicitation from a lawyer.

Plaintiff brought a lawsuit alleging that NCSPlus Inc. violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., by using an automatic telephone dialing system to place calls to cell phones without the prior express consent of Class Members between August 31, 2008, and August 31, 2012. NCSPlus Inc. denies any wrongdoing or liability.

A settlement has been reached in this case, which affects individuals who received a call from NCSPlus Inc. between August 31, 2008 and August 31, 2012.

The Settlement was approved by the Court on June 29, 2015. It provides $1,800,000.00 to pay: (i) the claims of Plaintiff and Class Members resulting from the above-described calls made by NCSPlus Inc., (ii) a service award to Plaintiff, (iii) attorney’s fees, costs and expenses to Class Counsel, and (iv) the administrative costs of the Settlement. Each Class Member will receive a check for his, her or its equal share of the Settlement Fund, after the Settlement Fund is reduced by up to 25% to be paid towards the attorney’s fees incurred in the litigation of this case, and an additional amount towards the incurred costs and expenses. The check received by each Class Member will not be less than $5 and not more than $10. The Settlement avoids the further cost and risk associated with continuing the lawsuit, pays money to recipients of the calls made by NCSPlus Inc., and releases NCSPlus Inc. from further liability for the claims of Class Members.

Your legal rights are affected whether you act or don’t act. Read this notice carefully.


Object Write to the Court and Settlement Administrator about why you believe the Settlement, Plan of Distribution or their terms are unfair. A copy of this objection letter must also be mailed to Class and Defense Counsel.
Go to a Hearing Ask to speak in Court about the fairness of the Settlement, Plan of Distribution, or their terms.
What if I do Nothing? If you do nothing and the Settlement is approved by the Court, you will receive a check for your equal pro rata amount.

The right to object and the deadline for objecting are explained in the Long Form Notice.

The Court in charge of this case still has to decide whether to approve the Settlement. Payments to Plaintiff, Class Counsel and Class Members will only be made if the Court approves the Settlement and after any appeals are resolved. Please be patient.