NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

Crossley, et al. v. Joya Communications, Inc., Case No. 16-CH-14771 (Cir. Ct. Cook Cnty.)

If you received a text message promoting the mobile apps “Marco Polo” or “VideoKik,”
a class action settlement may affect your rights.

A Court authorized this notice. You are not being sued. This is not a solicitation from a lawyer. 
You may previously have received an earlier version of this notice on April 6, 2017. 
The Settlement Fund now has been established in the amount of $3.75 million and you may now file a claim for cash benefits under the Settlement.

• A Settlement has been reached in a class action lawsuit against Joya Communications, Inc., creator of the “Marco Polo” and “VideoKik” mobile apps. The suit concerns whether Joya violated a federal law called the Telephone Consumer Protection Act (“TCPA”) by allegedly sending unsolicited text messages to promote its mobile apps. Joya denies any wrongdoing and maintains that the text messages do not violate the TCPA. The Settlement does not establish who is correct, but rather is a compromise to end the lawsuit.
• You are a member of the “Settlement Class” if you live in the United States and received a text message from Joya regarding the mobile apps “Marco Polo” or “VideoKik” on or prior to March 2, 2017. These text messages would have contained a link to one of these websites: onmarcopolo.com, nowpolo.com, videokiks.com, onpolo.com, or polo-app.com.
• You may be entitled to payment under the Settlement if you file a Claim Form stating that you received text messages from Joya on or prior to March 2, 2017. On June 29, 2017, the Court finally approved the Settlement. The Settlement documents explained that because Joya was a start-up, it did not have enough money to pay for the Settlement at the time the Settlement was approved, but that Joya would be required to establish a Settlement Fund if it was sold or started making money. Specifically, under the Settlement, within four years Joya was required to create a Settlement Fund containing either (1) $3.75 million, or (2) 12% of the sale price if Joya or its assets are sold, up to $3.75 million. Joya has now established the Settlement Fund in the amount of $3.75 million, and Class Members who submit valid claims will receive cash payments from the Settlement Fund after payment of fees and expenses. Under the Settlement, Joya also agreed to ensure that any text messages it sends comply with the law and maintain documents evidencing such compliance for four years.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
Submit a Claim Form	This is the only way to receive a payment.
Exclude Yourself	You will receive no payment, but you will retain any rights you currently have to sue Joya about the issues in this case.
Do Nothing	You will receive no payment under the Settlement and give up your rights to sue Joya about the issues in this case.

These rights and options—and the deadlines to exercise them—are explained in the notice.