Williams v. PillPack LLC

Calling records indicate that you may have received a prerecorded call promoting PillPack’s services and that call was transferred to a PillPack call center. The notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against PillPack on your behalf are correct. Judge David G. Estudillo of the United States District Court for the Western District of Washington is overseeing this class action. The lawsuit is known as Williams v. PillPack LLC, No. C19-5282-DGE.

In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. All of these people are a class, or class members. One court resolves the issues for all class members, except those who exclude themselves from the class.

Here, the class representatives allege that PillPack is liable for TCPA violations caused by its agents making prerecorded telemarketing calls to cellular telephones and then live-transferring those calls to a PillPack call center. The class representatives allege that class members did not give permission to receive these calls.

The Court has certified a Class that includes:

Persons or entities in the United States whoc between March 13, 2018, and June 16, 2019, received a non-emergency telephone call promoting goods and services on behalf of PillPack LLC as part of the PillPack Performance Media campaign:

1. to a cellular telephone number through the use of an artificial or prerecorded voice; and
2. Performance Media or its agents live-transferred the call to a PillPack call center on the DNIS 866-298-0058; and
3. Performance Media or its agents did not obtain the cellular telephone number through RewardZoneUSA.com, NationalConsumerCenter.com, FindDreamJobs.com, InstantPlaySweepstakes.com, StartACareerToday.com, SamplesAndSavings.com, SweepstakesADay.com, SurveyVoices.com, or FinanceDoneRight.com between June 19, 2017, and May 3, 2019, before the date(s) of the call(s).

PillPack denies that it did anything wrong.

In a class action, one or more people, called class representatives (in this case, Aaron Williams) sue on behalf of people who have similar claims. All of these people are called a class, or class members. The class representative who sued, and all class members like him, are called plaintiffs. The company he sued (in this case, PillPack) is called Defendant. One court resolves the issues for everyone in the class except for those people who choose to exclude themselves from the class.

The Court decided that this lawsuit can be a class action and move toward a trial because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that

• Questions of law or fact common to the members of the classes predominate over any questions affecting only individual members and
• A class action is superior to other available methods for the fair and efficient adjudication of the controversy.

Plaintiff alleges that PillPack is liable for TCPA violations caused when PillPack’s agents made prerecorded calls promoting PillPack’s services between March 13, 2018, and June 16, 2019, to cellular telephones and the calls were transferred to a PillPack call center. Plaintiff alleges that PillPack did not have the recipients’ permission to make these calls. You can read Plaintiff’s Class Action Complaint on the Important Documents page of this website.

PillPack denies Plaintiff’s allegations. PillPack’s Answer to the Amended Class Action Complaint is also available on the Important Documents page of this website.

The Court has not decided whether Plaintiff or PillPack is correct. By establishing the Class and issuing the notice, the Court is not suggesting that Plaintiff will win or lose this case. Plaintiff must prove his claims at a trial.

Plaintiff is asking for $500 to $1,500 for each call allegedly placed on behalf of PillPack in violation of the TCPA. Plaintiff is also asking the Court to order PillPack to pay for Plaintiff’s attorneys' fees and costs for bringing the lawsuit.

No money is available now because the Court has not decided whether PillPack did anything wrong and the two sides have not settled the case. There is no guarantee that money will ever be obtained. If money is obtained, you will be notified about how to ask for a share.

The Court has certified a Class that includes:

Persons or entities in the United States whoc between March 13, 2018, and June 16, 2019, received a non-emergency telephone call promoting goods and services on behalf of PillPack LLC as part of the PillPack Performance Media campaign:

1. to a cellular telephone number through the use of an artificial or prerecorded voice; and
2. Performance Media or its agents live-transferred the call to a PillPack call center on the DNIS 866-298-0058; and
3. Performance Media or its agents did not obtain the cellular telephone number through RewardZoneUSA.com, NationalConsumerCenter.com, FindDreamJobs.com, InstantPlaySweepstakes.com, StartACareerToday.com, SamplesAndSavings.com, SweepstakesADay.com, SurveyVoices.com, or FinanceDoneRight.com between June 19, 2017, and May 3, 2019, before the date(s) of the call(s).

You don’t have to do anything now if you want to keep the possibility of getting money from this lawsuit. By doing nothing, you are staying in the Class. If you stay in and Plaintiff obtains money, either as a result of the trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). Keep in mind that if you do nothing now, regardless of whether Plaintiff wins or loses the trial, you will not be able to sue, or continue to sue, PillPack as part of any other lawsuit about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.

If you already have a TCPA lawsuit against PillPack and want to continue with it, you need to ask to be excluded from the Class. If you exclude yourself from the Class—which also means to remove yourself from the Class, and is sometimes called “opting-out” of the Class—you won’t get any money from this lawsuit even if Plaintiff obtains money as a result of the trial or from any settlement between PillPack and Plaintiff. However, you may be able to sue or continue to sue PillPack on your own. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.

You may exclude yourself from the class action lawsuit and keep your right to sue PillPack on your own by sending an email to info@PillPackTCPAClassAction.com stating that you wish to be excluded from the lawsuit, or by sending a letter to the Notice Administrator stating that you wish to be excluded from the lawsuit and mailing it to the following address:

PillPack Notice Administrator
P.O. Box 5563
Portland, OR 97228-5563

You must include your name and address on the exclusion request. You must exclude yourself from the lawsuit by October 30, 2023.

The Court has appointed Terrell Marshall Law Group PLLC, Smith & Dietrich Law Offices PLLC, and Paronich Law PC to represent you and all Class members. These lawyers are called Class Counsel. They are experienced in handling similar cases. More information about the law firms, their practices, and their lawyers’ experience is available at TerrellMarshall.com, SmithDietrich.com, and ParonichLaw.com. You can also call Class Counsel at 1-855-349-7023.

You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you want your own lawyer, you will have to hire them on your own. For example, you can ask a lawyer to appear in Court for you if you want someone other than Class Counsel to speak for you.

If Class Counsel gets money or benefits for the Class, they may ask the Court for fees and expenses. You won’t have to pay these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be deducted from any money obtained for the Class or paid separately by PillPack.

As long as the case isn’t resolved by a settlement or otherwise, Class Counsel will have to prove Plaintiff’s claims at trial. During the trial, a jury or the Judge will hear all the evidence to help them decide whether Plaintiff or Defendant are right about the claims in the lawsuit. There is no guarantee that Plaintiff will win or that he will get any money for the Class.

You do not need to attend the trial. Class Counsel will present the case for Plaintiff and the Class, and PillPack will present the defenses. You or your own lawyer are welcome to come at your own expense.

If Plaintiff obtains money as a result of the trial or a settlement, you will be notified about how to claim a share. We do not know how long this will take.

Visit the Important Documents page of this website, where you will find the Court’s Order certifying the Class, Plaintiff’s Class Action Complaint, and PillPack’s Answer to the Class Action Complaint. You can also call 1-855-349-7023 toll-free or write to Terrell Marshall Law Group PLLC, 936 N 34th Street, Suite 300, Seattle, WA 98103.

PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE ACTION.