Frequently Asked Questions

  1. What is this notice and why should I read it?
  2. What is a class action lawsuit?
  3. What is this lawsuit about?
  4. Why is there a Settlement?
  5. How do I know if I am in the Settlement Class?
  6. What were the allegedly unconsented text messages about?
  7. What does the Settlement provide?
  8. How do I make a claim?
  9. When will I get my payment?
  10. Do I have a lawyer in this case?
  11. Should I get my own lawyer?
  12. How will the lawyers be paid?
  13. What happens if I do nothing at all?
  14. What happens if I ask to be excluded?
  15. How do I ask to be excluded?
  16. If I don’t exclude myself, can I sue the Defendant for the same thing later?
  17. If I exclude myself, can I get anything from this Settlement?
  18. How do I object to the Settlement?
  19. Will the Court hold a hearing on the fairness of the Settlement?
  20. Where can I get additional information?
  1. What is this notice and why should I read it?

    A Court authorized this notice to let you know about the Settlement with Joya. You have legal rights and options that you may act on. You may be eligible to receive a cash payment as part of the Settlement. This notice explains the lawsuit, the Settlement, and your legal rights.

    Judge Michael T. Mullen of the Circuit Court of Cook County, Illinois is overseeing this class action. The case is called Crossley, et al. v. Joya Communications, Inc., Case No. 16-CH-14771. Mattie Crossley and Sheryl Seymour are the Plaintiffs. The company they sued, Joya, is the Defendant. You do not need to live in Illinois to get a payment under this Settlement.

    Top

  2. What is a class action lawsuit?

    A class action is a lawsuit in which one or more plaintiffs — in this case, Mattie Crossley and Sheryl Seymour –– sue on behalf of a group of people who have similar claims. Together, this group is called a “Class” and consists of “Class Members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class. After the Parties reached an agreement to settle this case, the Court granted preliminary approval of the Settlement and recognized it as a case that should be treated as a class action for settlement purposes. Class Counsel then provided notice of the Settlement, and the Court finally approved the Settlement on June 29, 2017.

    Top

  3. What is this lawsuit about?

    The lawsuit alleges that Joya violated the TCPA by sending unsolicited text messages to promote its mobile apps “Marco Polo” and “VideoKik."

    Joya denies the allegations that the text messages violated the law. The Court never decided who was right. Instead, Plaintiffs and Joya entered into the Settlement to avoid time-consuming and expensive litigation. The Settlement is not an admission of wrongdoing by Joya. More information about the complaint in the lawsuit and Joya’s answers can be found on the Case Documents section of this dedicated Settlement Website.

    Top

  4. Why is there a Settlement?

    The Court never decided whether the Plaintiffs or the Defendant should win this case. Instead, Plaintiffs and Joya agreed to a Settlement. That way, they can avoid the uncertainty and expense of ongoing litigation, and Class Members could potentially get compensation. The Class Representatives and their attorneys (“Class Counsel”) believed that the Settlement is in the best interests of the Class Members.

    Top

  5. How do I know if I am in the Settlement Class?

    The Court decided that this Settlement Class includes all Persons in the United States that received a Promotional Text Message relating to Joya’s “Marco Polo” or “VideoKik” applications on or prior to March 2, 2017. If you meet this definition, you are a Class Member.

    Top

  6. What were the allegedly unconsented text messages about?

    The text messages covered by this Settlement promoted Joya’s mobile apps “Marco Polo” and “VideoKik.” The text messages would have included an individual’s name, and a link to one of the following websites: onmarcopolo.com, nowpolo.com, videokiks.com, onpolo.com, or polo-app.com.

    Top

  7. What does the Settlement provide?

    Cash Payments to Class Members: Under the Settlement, Joya agreed 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 this Settlement Fund after payment of all Settlement Administration Expenses, the incentive awards to the Class Representatives, and any Fee Award.

    All uncashed checks issued to Class Members, and if the amount of each Class Member’s claim is less than $3.00, will be distributed to an agreed organization or organizations pursuant to 735 ILCS 5/2-807(b).

    Change in Practices: Joya also agreed that if it permits users of its mobile apps to invite others by text message to download and use its apps, its text messaging program will comply with the law and that it will maintain documents evidencing such compliance.

    Top

  8. How do I make a claim?

    If you want to get payment, you must fill out and submit a valid Claim Form. If you received notice through a postcard in the mail, there are instructions for requesting a Claim Form or filing your claim online. If you received notice through email, there is a link to the Claim Form in that email, which will direct you to submit a claim online. All other Settlement Class Members must submit a Claim Form online through this Settlement Website or requesting a paper Claim Form from the Settlement Administrator by calling 1-855-306-1913. We encourage you to submit a claim online. It’s faster and it’s free. Claim Forms must be postmarked by or received electronically by January 10, 2022 for the class members identified in 2017, and March 9, 2022 for the class members identified in 2021.

    The Claim Form requires you to provide the following information: (1) name, (2) current U.S. mail and email address, (3) telephone number that received the text messages, and (4) affirmation that you received a text message from Joya regarding the mobile apps “Marco Polo” or “VideoKik” on or prior to March 2, 2017.

    Top

  9. When will I get my payment?

    Class Members will have 180 days to file claims after the Settlement Fund is created. Class Members whose claims were approved by the Settlement Administrator will be sent a check. Claims will be paid within 60 days of the second claims deadline. Please be patient. All checks will expire and become void 90 days after they are issued.

    Top

  10. Do I have a lawyer in this case?

    Yes, the Court has appointed lawyers Jay Edelson and Eve-Lynn J. Rapp of Edelson PC as the attorneys to represent you and other Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiffs Mattie Crossley and Sheryl Seymour to serve as the Class Representatives. Each is a Class Member like you. Class Counsel can be reached by calling 1-866-354-3015.

    Top

  11. Should I get my own lawyer?

    You don’t need to hire your own lawyer because Class Counsel is working on your behalf. But if you want your own lawyer, you will have to pay that lawyer.

    Top

  12. How will the lawyers be paid?

    Under the Settlement, Class Counsel only got paid if Class Members received payment from the creation of the Settlement Fund. The Court determined the proper amount of attorneys’ fees and expenses at the Final Fairness Hearing and awarded Class attorneys’ fees in the amount of 33.333% of the Settlement Fund and expenses in the amount of $1,250,000.00. The Court also awarded Plaintiffs Crossley and Seymour an incentive award of $1,000.00 each, for their work as Class Representatives, to be paid from the Settlement Fund.

    Top

  13. What happens if I do nothing at all?

    If you do nothing, you will receive no payment under the Settlement and you will also remain bound by all orders and judgments of the Court. Unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against Joya for the claims or legal issues being resolved by this Settlement.

    Top

  14. What happens if I ask to be excluded?

    If you exclude yourself from the Settlement, you will receive no payment under the Settlement. However, you will not be in the Class. You will keep your right to start your own lawsuit against Joya for the same legal claims made in this lawsuit. You will not be legally bound by the Court’s judgments related to the Class and Joya in this class action.

    Top

  15. How do I ask to be excluded?

    You can ask to be excluded from the Settlement. To do so, you must send a letter stating that you want to be excluded from the Settlement in Crossley, et al. v. Joya Communications, Inc., Case No. 16-CH-14771. Your letter must also include your (1) name, address, and telephone number, (2) a statement that you wish to be excluded from the Class, (3) the caption for this case, and (4) your signature. You must mail your exclusion request so that it is postmarked no later than September 18, 2021 or November 15, 2021, depending on when you received notice of this Settlement to:

    Crossley, et al. v. Joya Communications, Inc. Settlement Administrator

    P.O. Box 43440

    Providence, RI 02940-3440

    You can’t exclude yourself on the phone or by email. If you previously requested to be excluded, you don’t need to ask again.

    Top

  16. If I don’t exclude myself, can I sue the Defendant for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue Joya for the claims being resolved by this Settlement.

    Top

  17. If I exclude myself, can I get anything from this Settlement?

    No. If you exclude yourself now or excluded yourself before, you cannot submit a Claim Form to ask for a payment.

    Top

  18. How do I object to the Settlement?

    The deadline to object has passed. The Court preliminarily approved the Settlement on March 2, 2017, after which time notice of the Settlement was issued. The notice informed Class Members that the deadline to object to the Settlement was May 22, 2017. As such, you can no longer object to the Settlement at this time.

    Top

  19. Will the Court hold a hearing on the fairness of the Settlement?

    The hearing has already happened. The Court held a Final Fairness Hearing on June 29, 2017, before the Honorable Michael T. Mullen at the Richard J. Daley Center, 50 West Washington St., Chicago, IL 60602 in Courtroom 2510. At that time, the Court determined that the Settlement was fair, reasonable, and adequate, and in the best interests of the Class. At the hearing, the Court also heard any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the Class Representatives. The Court approved the Settlement on June 29, 2017. The Order finally approving the Settlement can be found on the Case Documents tab of this Settlement Website.

    Top

  20. Where can I get additional information?

    The notice summarizes the Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available on the Case Documents tab of this Settlement Website, contact Class Counsel at 1-866-354-3015, or visit the office of the Clerk of the Circuit Court of Cook County, Richard J. Daley Center, Room 1001, 50 West Washington Street, Chicago, IL 60602 between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.

    Please Do Not Contact the Court, the Judge, or Joya with Questions about the Settlement or Claims Process.

    Top