1. What is the Notice, and why did I get it?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. How do I know if I am part of the Settlement?
6. What does the Settlement provide?
7. How do I file a claim for payment?
8. How will the claims be decided?
9. When will I get my payment?
10. What am I giving up as a Settlement Class Member?
11. Do I have a lawyer in this case?
12. How will the lawyers be paid?
13. Will the Settlement Class Representative receive additional money?
14. How do I exclude myself from the Settlement?
15. How do I tell the Court that I object to the Settlement Agreement?
16. When is the Court’s Final Approval Hearing?
17. Do I have to attend the hearing?
18. What happens if I do nothing at all?
19. How do I get more information?
The purpose of the Notice is to let you know that a proposed settlement has been reached in the Hazem Arman v. Al Piemonte Nissan lawsuit. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. Because your legal rights will be affected by this Settlement, it is extremely important that you read the Notice carefully. The Notice summarizes the Settlement and your legal rights under it.
For information on how to determine if you are a Settlement Class Member, and therefore eligible for benefits under this Settlement, see Question 5.
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The Settlement Class Representative in this lawsuit alleges that APN violated the TCPA by sending more than one text message or making more than one telephone call, from four years prior to the filing of this action through Preliminary Approval, by or on behalf of APN selling APN’s products and services to residential telephone numbers listed on the National Do Not Call Registry for at least thirty days prior to the text or call absent express written consent or an established business relationship.
The Court has certified a class for settlement purposes only (the “Settlement Class”). The Honorable David E. Schwartz of the Circuit Court of DuPage County, Illinois (the “Court”) oversees this settlement class action. APN denies that it did anything wrong and denies that this lawsuit should be certified as a class action in litigation. The Court has not decided who is correct.
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In a class action, one or more people sue on behalf of a putative class of persons alleged to have similar claims. Should the Court certify a class, then those persons deemed to be similarly situated are a class, or class members, and the person(s) pursuing the lawsuit are the class representatives. One court resolves the issues for all class members, except those who exclude themselves from the class.
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The Court did not decide in favor of Plaintiff or APN on APN’s alleged liability under the TCPA. Instead, both sides agreed to a settlement of the legal claims in the complaint to avoid the cost of a trial, the risk and uncertainty of proceeding forward in the lawsuit, and to provide compensation for Settlement Class Members. The Settlement Class Representative and Settlement Class Counsel (see Question 11) believe that the Settlement is in the best interests of the Settlement Class.
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The Court has defined the Settlement Class as:
Do Not Call Registry Class: All persons in the United States who from May 9, 2021, through September 1, 2026, (1) were sent a text message or received a phone call by or on behalf of Defendant; (2) more than one time within any 12-month period; (3) where the person's residential telephone number had been listed on the National Do Not Call Registry for at least thirty days prior to the communication; (4) for the purpose of selling Defendant’s products and services; and (5) for whom there was no established business relationship or prior express written consent provided.
If you received notice regarding this Settlement via email or postcard it is because records indicate your number was contacted by APN during that time period and therefore you may be a member of the Settlement Class.
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APN agrees to create a Settlement Fund consisting of up to $3,700,000.00 in vouchers or up to $740,000.00 in cash available to:
pay Settlement Class Members who submit timely and valid Claim Forms;
pay notice and administration costs;
pay attorneys’ fees and costs awarded to Settlement Class Counsel; and
any service award approved for the Settlement Class Representative.
Settlement Class Members who submit a timely claim will receive a $100.00 voucher or $20.00 cash payment (member’s choice) per person. Settlement Class Members need only to submit one Claim Form to receive payment for all text messages and calls that Settlement Class Member received. If the amount of the Settlement Fund is insufficient to pay a $100.00 voucher or $20.00 cash payment to each Settlement Class Member who files a valid Claim Form, payments will be reduced and paid on a pro rata (a legal term, meaning “equal share”) basis. In other words, your payment could decrease depending on the number of valid Claim Forms Settlement Class Members submit and the amount of the Settlement Fund available to pay claims. If, after all payments are processed, any money remains in the Settlement Fund, then the Settlement Administrator will return the remaining money in the Settlement Fund to APN.
The Settlement Administrator will decide if your claim for payment is valid and verify any qualifying communications using APN’s records as set out in the Settlement Agreeement. Only valid claims submitted by the Claim Deadline of December 15, 2026 will be paid.
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To qualify for payment, you must submit a valid Claim Form by December 15, 2026. You will need to file a claim form with your LoginID, which can be found on the Notice of Settlement you received or by contacting the Settlement Administrator.
There are multiple ways to submit a Claim Form. The easiest way to submit a claim form is online, by filling out the form here. You can also download a paper claim form here and return a completed claim form by mail addressed to:
Al Piemonte Nissan TCPA Settlement
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
Read the instructions on the Claim Form carefully, and either submit it online here no later than 11:59 p.m. Eastern on December 15, 2026, or fill out the form, sign it and mail it postmarked by December 15, 2026.
A paper Claim Form is also available upon request by calling the Settlement Administrator at (866) 603-4665.
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The Settlement Administrator will decide whether the information provided on each Claim Form is complete and valid. The Settlement Administrator may require additional information pursuant to the review process set out in the Settlement Agreement. If you do not provide the additional information in a timely manner to validate the claim, it will be considered invalid and will not be paid.
Approved claims are those submitted in a timely manner and found to be valid by and in an amount approved by the Settlement Administrator.
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The Court will hold a hearing on January 6, 2027, to decide whether to approve the Settlement. If the Settlement is approved, appeals may still follow. It is always uncertain whether these appeals can be resolved and resolving them can take more than a year. No payments will be made until the Court approves the Settlement at the hearing and all appeals are final. Please be patient.
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Unless you exclude yourself, you are staying in the Settlement Class and you will remain a Settlement Class Member. That means you cannot sue, continue to sue, or be part of any other lawsuit against APN regarding any text messages or calls received from APN during the Settlement Class Period, including, but not limited to, claims asserted in the lawsuit or arising out of the facts and circumstances asserted in the lawsuit.
If the Settlement is approved and becomes final and not subject to appeal, then you and all Settlement Class Members will release all “Released Claims” against all “Released Parties.” It also means that all of the Court’s orders will apply to you and legally bind you. The Settlement Agreement describes the legal claims you are releasing (the “Released Claims”) and against whom you are releasing legal claims (“Released Parties”) in detail, so read it carefully.
To summarize, the release includes, but is not limited to, TCPA and similar claims arising out of or related to any text messages or calls received from APN during the Settlement Class Period.
If you have any questions, you can contact the Settlement Administrator (see Question 19).
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The Court has appointed Christopher Berman of Shamis & Gentile, P.A. and Scott Edelsberg of Edelsberg Law, P.A. to represent you and other Settlement Class Members. These lawyers are called Settlement Class Counsel. You will not be personally charged by these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Settlement Class Counsel will ask the Court to approve payment of $225,000.00 from the Settlement Fund. This payment will compensate Settlement Class Counsel for investigating the facts, litigating the lawsuit, and negotiating the settlement. The Court will decide the amount of fees and costs and expenses to be paid. Counsel’s request for Attorneys’ Fees and Costs (which must be approved by the Court) will be filed by December 17, 2026.
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The Settlement Class Representative in this action is listed in the Settlement Agreement, which is available for review here. Settlement Class Counsel also will request a service award of up to $5,000.00 for the named Plaintiff to compensate for the time and effort in pursuing this lawsuit on behalf of the Settlement Class. This amount will have to be approved by the Court, and the Court may award less than these amounts.
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If you do not want a payment from this Settlement, but you want to keep the right to sue or continue to sue APN, then you must take steps to remove yourself from the Settlement Class. This is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class.
Important: You will be bound by the terms of the Settlement Agreement unless you submit a timely and signed written letter requesting to be excluded from the Settlement.
To be valid, your letter must contain the following information:
The case name and number: Arman v. Al Piemonte Nissan, Case No. 2026LA000850;
your name, address and telephone number
your current phone number and any telephone number(s) at which you received a text message or call from APN;
a statement that you wish to be excluded from the Settlement Class in this action; and
your signature.
To exclude yourself from the Settlement you must mail a “request for exclusion,” postmarked no later than December 15, 2026, to:
Al Piemonte Nissan TCPA Settlement
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
You cannot exclude yourself on the phone or by fax or email. If you ask to be excluded, you will not get any payment, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. Mass requests for exclusion are not allowed.
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If you are a Settlement Class Member and do not exclude yourself from the Settlement Class, you may object to the Settlement if you do not like any part of it. You may give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file a written objection with the Court and mail a copy to the Settlement Administrator.
The written objection must contain information sufficient to allow the parties to confirm that you are a member of the Settlement Class, including:
The case name and number: Hazem Arman v. Al Piemonte Nissan, Case No. 2026LA000850;
Your full name, address, telephone number, and personal signature;
Information sufficient to confirm that you are a Settlement Class Member, including the telephone number at which you received a text message or call from or on behalf of APN;
A statement of your specific objections, and a detailed statement of the factual and legal basis for such objections;
The identity of all witnesses, including the witness’s name and address, and a summary of such witness’s proposed testimony and documents that you would like the Court to consider;
The name and contact information of any attorney you intend to have assert your objections before the Court;
A statement identifying the number of class action settlements you objected to in the last five years, and listing those cases by case name and number; and
A statement whether you and your attorney(s) intend to appear at the Final Approval Hearing. If your attorney intends to appear at the Final Approval Hearing they must enter a written Notice of Appearance of Counsel with the Clerk of the Court no later than the date set by the Court in its Preliminary Approval Order and include the full caption and case number of each previous class action case in which such counsel has represented an objector. If you are represented by counsel and your counsel intends to speak at the Final Approval Hearing, the written objection must include a detailed statement of the specific legal and factual basis for each and every objection and a detailed description of any and all evidence you may offer at the Final Approval Hearing, including copies of any and all exhibits that you may introduce at the Final Approval Hearing.
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Court by December 15, 2026. You must also send a copy of the objection to the Settlement Administrator.
Court | Settlement Administrator |
Hazem Arman v. Al Piemonte Nissan | Al Piemonte Nissan TCPA Settlement |
If you do not comply with these procedures and the deadline for objections, you may lose any opportunity to have your objection considered at the Final Approval Hearing or otherwise to contest the approval of the Settlement or to appeal from any orders or judgments entered by the Court in connection with the proposed Settlement. You will still be eligible to receive Settlement benefits if the Settlement becomes final even if you object to the Settlement.
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The Court will hold the Final Approval Hearing on January 6, 2027, before the Honorable David E. Schwartz of the Circuit Court of DuPage County, Illinois, via video conference. The purpose of the hearing is for the Court to determine whether the settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Settlement Class Counsel for attorneys’ fees, costs, and expenses, and the service award to the settlement class representative. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.
Please note that the date and time of the Final Approval Hearing is subject to change by Court Order. Please visit this website for updates.
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No. Settlement Class Counsel will answer any questions the Court may have. But you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to attend the hearing to talk about it. As long as your written objection was filed by the deadline, and meets the other criteria described above and in the Settlement Agreement, the Court will consider it. You may also pay a lawyer to attend, but you do not have to.
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 Agreement. If you filed an objection and intend to appear at the hearing, you must state your intention to do so in your objection. To speak, you must state that in your objection. Be sure to include your name, address, telephone number, that you are a Settlement Class Member, and your signature. You cannot speak at the hearing if you exclude yourself.
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If you do nothing, you will get no money from this Settlement. Unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against APN about the legal issues released in this lawsuit.
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This website and the Notice summarize the proposed Settlement. More details are in the Settlement Agreement, which, along with other case-related documents, can be viewed on the Important Documents page. You can also get a copy of the Settlement Agreement by writing to Settlement Class Counsel.
If you have additional questions, you may also contact the Settlement Administrator at (866) 603-4665 toll free, or write to:
Al Piemonte Nissan TCPA Settlement
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
Please do not contact the Court, the Judge, or Al Piemonte Nissan with questions about the Settlement or claims process.
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