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Q: law ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: law
Category: Business and Money
Asked by: catish-ga
List Price: $3.00
Posted: 02 Apr 2004 15:52 PST
Expires: 02 May 2004 16:52 PDT
Question ID: 324266
I received a fax regarding a lawsuit Gold Seal Termite et al v PrimeTV
LLC Cause No 49D10-0304-CP-0702 and wonder if it is legit or a way for
PrimeTV to compile a mailing list.
Answer  
Subject: Re: law
Answered By: denco-ga on 03 Apr 2004 13:23 PST
Rated:5 out of 5 stars
 
Howdy catish-ga,

First, a reminder of the "Important Disclaimer: Answers and comments provided
on Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."

Without seeing the exact fax, I can't speak to the specifics of that fax, but
there is a lawsuit that fits the description you provided.
http://www.directvfaxsettlement.com/

"This site has been established to provide information on the proposed
settlement of the class action lawsuit, entitled Gold Seal Termite and Pest
Control Company, et al. v. PrimeTV, L.L.C., et al. Cause No.
49D10-0304-CP-0702 (the 'Indiana Lawsuit'), filed in the Marion Superior
Court, Marion County, Indiana."

There is the following disclaimer, as well.

"Defendants DIRECTV, Inc. and PrimeTV, LLC deny that their conduct was in any
way wrongful or illegal and have asserted numerous defenses to the claims
asserted against them."

To view the following document(s), you will need the Adobe Acrobat Reader.
If you do not have it, you can download it free from the Adobe website.
http://www.adobe.com/products/acrobat/readstep2.html

The "Summary Notice" in PDF format is located here:
http://www.directvfaxsettlement.com/summary.pdf

"Notice of proposed class action settlement This notice may affect your
rights [-] please read it carefully"

Here are some excerpts that might be of interest, but you should definitely
read the entire summary notice before taking any action.

Who are some who might benefit from this lawsuit?

"The following Settlement Class has been conditionally certified: All persons
or entities in the United States who were sent facsimile transmissions by or
on behalf of PrimeTV or DIRECTV between the dates of February 1, 2001 and May
31, 2001, which contained any material advertising the commercial availability
or quality of any property, goods or services without that person's or entity's
prior express invitation or permission."

If that describes you, then the following might pertain.

"The Settlement Certificates may be claimed by submitting a properly executed
Claim Form which must set forth the facsimile number where you received the
qualifying fax advertisement and which must attest to the receipt of a
qualifying fax advertisement."

What's a "Settlement Certificate?"

"The Settlement Certificates are redeemable for a standard oneroom
DIRECTV-compatible satellite system ...
...
Six (6) free months of DIRECTV?s TOTAL CHOICE PLUS programming package ...
...
If the redeemer is a current DIRECTV customer, the redeemer shall have the
option of either (1) obtaining the system ... or, alternatively; (2) obtaining
six (6) months of free DIRECTV Showtime Premium Package ..."

The "Claim Form" mentioned above is available in PDF format here:
http://www.directvfaxsettlement.com/poc.pdf

"Must be Postmarked No Later Than September 1, 2004 ...
...
This Claim Form is for use in submitting a claim for benefits ..."

Even if someone were to meet all of the above qualifications, it is not a done
deal at this point.

"A hearing will be held ... May 19, 2004, at 8:30 a.m. The purpose of the
hearing is for the Court to decide whether the proposed settlement is fair,
adequate, and reasonable and should be approved."

Contact information for the whole deal is here:
http://www.directvfaxsettlement.com/contact.php3

"Please call our toll free Claims Administrator Center available 24 hours a
day, 7 days a week at: 1-866-808-3570"

It is a possibility that a fax list exists somewhere that lists your fax
number as one that might have been used to send a fax that the above pertains
to, but that is only speculation on my part.

Considering the content of the lawsuit described above, I doubt (again, only
speculation on my part) that PrimeTV would use a fax for any kind of business
solicitation without the receiver's permission, at least if they had learned
any kind of lesson by all of this.

If you need any clarification, feel free to ask.


Search Strategy:

Google search on: "Gold Seal Termite" PrimeTV
://www.google.com/search?q=%22Gold+Seal+Termite%22+PrimeTV

Looking Forward, denco-ga - Google Answers Researcher
catish-ga rated this answer:5 out of 5 stars
very complete, thank you

Comments  
Subject: Re: law
From: denco-ga on 03 Apr 2004 22:38 PST
 
Thanks for the 5 star rating, catish-ga.

Looking Forward, denco-ga - Google Answers Researcher

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