Kaiser TCPA and FTSA Settlement

1. Why did I receive the Notice?

   The purpose of the Notice is to let you know that a proposed settlement has been reached in the above class action 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.

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2. Why is there a settlement?

   The Court did not decide in favor of Plaintiff or Kaiser on Kaiser’s alleged liability under the TCPA and FTSA. 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 Class Representative and Class Counsel believe that the Settlement is in the best interests of the Settlement Classes.

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3. What is a class action?

   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 settlement class members, except those who exclude themselves from the classes.

   Here, the Class Representative alleges that Kaiser violated the TCPA and FTSA by sending more than one text message from January 21, 2021, through August 20, 2025, within any 12-month period concerning Kaiser’s products and services to cellular telephone numbers after its customers had opted out from receiving such solicitations. The Court has certified two classes for Settlement purposes only (the “Settlement Classes”). The Honorable Mavel Ruiz of the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida (the “Court”), oversees this class action. Kaiser 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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4. Am I included in the Settlement Class?

   You may be in one or more of the following “Settlement Classes”:

   TCPA “STOP” Class: From January 21, 2021, through August 20, 2025, all persons in the United States who (1) were sent more than one text message by or on behalf of Defendant within any 12-month period; (2) regarding Defendant’s goods or services to said person’s cellular telephone number; and (3) where the person communicated to Defendant that they did not wish to receive text messages by replying to the messages with a “stop” or similar opt-out instruction.

   FTSA “STOP” Class: From January 21, 2021, through August 20, 2025, all persons in Florida who (1) were sent more than one text message by or on behalf of Defendant; (2) regarding Defendant’s goods or services to said person’s cellular telephone number; and (3) after the person texted Defendant with the message “stop” at least 15 days prior to the text message sent by or on behalf of Defendant.

   If you received notice regarding this via email or postcard, it is because your number was texted by Kaiser and, therefore, you may be a member of one or both of the Settlement Classes. If you have questions about whether you are in the Settlement Classes, you may call 1-877-805-8877 or review this website for more information.

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5. What can I receive under the Settlement?

   Kaiser agrees to make up to $10,500,000.00 available to (1) pay Settlement Class Members who submit valid Claim Forms; (2) pay Notice and Administration Costs; (3) pay attorneys’ fees and costs awarded to Class Counsel; and (4) and any Service Award approved for the Class Representative.

   Settlement Class Members who submit a timely, valid, complete, and verified Claim Form will receive a payment of up to $75.00 per Qualifying Text Message. Settlement Class Members may only submit one Claim Form, which will cover all Qualifying Text Messages to any of their telephone number(s). The Settlement Administrator will determine the number of your Qualifying Text Messages using Kaiser’s records. If the Settlement Fund is insufficient to pay $75.00 for each Qualifying Text Message for all approved Claims, the per-message amount will be uniformly reduced on a pro rata basis so that the total of all payments, together with any Court-approved attorneys’ fees and expenses, Notice and Administration Costs, and any Service Award, does not exceed the Settlement Fund. 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 distributions are made, any money remains in the Settlement Fund, then the Settlement Administrator will return the remaining money in the Settlement Fund to Kaiser.

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6. How do I get a Claim Settlement Payment?

   To qualify for payment, you must submit a valid Claim Form by February 12, 2026. There are multiple ways to submit a Claim Form. You may submit a Claim Form online here. A paper Claim Form is also available upon request by calling the Settlement Administrator at 1-877-805-8877, or you may download and print a copy of the Claim Form on the Documents page of this website. Read the instructions on the Claim Form carefully, fill out the form, sign it, and submit it online or mail it so that it is postmarked no later than 11:59 p.m. Eastern on February 12, 2026.

   The Court will hold a hearing on January 28, 2026, 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 Claim Settlement 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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7. What am I giving up by remaining a Settlement Class Member?

   Unless you exclude yourself, you will remain in the Settlement Class(es) as a Settlement Class Member. That means you cannot sue, continue to sue, or be part of any other lawsuit against Kaiser regarding any text messages received from Kaiser from January 21, 2021, through August 20, 2025, 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, 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 FTSA claims arising out of or related to any text messages received from Kaiser during the Class Period, including claims related to text messages sent to telephone numbers on the National Do Not Call Registry, text messages sent after opt-out requests, and any other federal or state telemarketing laws.

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8. What is the difference between objecting to and excluding myself from the Settlement?

   Objecting simply means telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Classes. Excluding yourself from the Settlement Classes is telling the Court that you do not want to be part of the Settlement Classes. If you exclude yourself, you have no basis to object because the lawsuit no longer affects you.

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9. How do I tell the Court that I do not like the Settlement?

   If you are a Settlement Class Member, do not exclude yourself from the Settlement Class(es), and do not like something about the Settlement, you may object to the Settlement. 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 one or both of the Settlement Classes, including

   1. the case name and number (Jonathan Fried v. Kaiser Foundation Health Plan, Inc., d/b/a Kaiser Permanente, Case No. 2025-016220-CA-01);
   2. your full name, address, telephone number, and personal signature;
   3. information sufficient to confirm that you are a Settlement Class Member, including the telephone number at which you received a text message from Kaiser;
   4. a statement of your specific objections, and a detailed statement of the factual and legal basis for such objections;
   5. the identity of any witnesses, including the witness’ name and address, and a summary of such witness’ proposed testimony and documents that you would like the Court to consider;
   6. the name and contact information of any attorney you intend to have assert your objections before the Court;
   7. 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
   8. a statement indicating whether you and/or 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 you may introduce at the Final Approval Hearing.

   You must file the objection with the Court no later than December 29, 2025.

   Jonathan Fried v. Kaiser Foundation Health Plan, Inc., d/b/a Kaiser Permanente
   Case No. 2025-016220-CA-01.
   Dade County Courthouse
   73 West Flagler St.
   Miami, FL 33130

   Also, you must send your objection to the Settlement Administrator postmarked no later than December 29, 2025, at the following address:

   Kaiser TCPA and FTSA Settlement
   Settlement Administrator
   P.O. Box 6049
   Portland, OR 97228-6049

   Objecting simply means telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Classes. Excluding yourself from the Settlement Classes is telling the Court that you do not want to be part of the Settlement Classes. If you exclude yourself, you have no basis to object because the lawsuit no longer affects you.

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10. How do I exclude myself from this lawsuit?

    If you do not want a payment from this Settlement but you want to keep the right to sue or continue to sue Kaiser, you should take steps to remove yourself from the Settlement Class(es). This is called excluding yourself from—or sometimes referred to as “opting out” of—the Settlement Class(es). To exclude yourself from the Settlement, you must send a letter saying that you want to be excluded from the Settlement in Jonathan Fried v. Kaiser Foundation Health Plan, Inc., d/b/a Kaiser Permanente, Case No. 2025-016220-CA-01. Your request must include (1) your name and address; (2) your current phone number and any telephone numbers at which you received a text message from Kaiser; (3) a statement that you wish to be excluded from the Settlement Classes in this action; and (4) your signature. You must mail your exclusion request, postmarked no later than December 29, 2025, to the address below:

    Kaiser TCPA and FTSA Settlement
    Settlement Administrator
    P.O. Box 6049
    Portland, OR 97228-6049

    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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11. If I exclude myself, can I still get payment from the Settlement?

    If you ask to be excluded, you will not get any payment, and you cannot object to the Settlement. If you exclude yourself, you will not be legally bound by anything that happens in this lawsuit.

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12. Do I have a lawyer in this case?

    The Court has appointed Andrew Shamis and 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 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. Class Counsel will ask the Court to approve payment of 33.33% of the Settlement Fund of $10,500,000.00. This payment will compensate Class Counsel for investigating the facts, litigating the lawsuit, and negotiating the 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. The Court may award less than these amounts.

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13. When will the Court decide whether to approve the Settlement?

    The Court will hold the Final Approval Hearing at 3:30 p.m. Eastern on January 28, 2026, before the Honorable Mavel Ruiz of the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, via Zoom hearing. 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 Classes. 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 Class Counsel for Attorneys’ Fees and Expenses, and the Service Award to the Class Representative. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

    Note: The date and time of the Final Approval Hearing is subject to change by court order. Any changes will be posted on this website.

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14. May I speak at the Final Approval Hearing?

    If you do not exclude yourself from the Settlement Classes, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement Agreement. If you file an objection and intend to appear at the hearing, you must state your intention to do so in your objection. Be sure to include your name, address, telephone number, signature and that you are a Settlement Class Member. You cannot speak at the hearing if you exclude yourself. For more information, please see FAQ 9.

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15. Do I have to come to the Final Approval Hearing?

    No. 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 is filed by the deadline and meets the other criteria described in FAQ 9, 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 Classes, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement Agreement. If you file an objection and intend to appear at the hearing, you must state your intention to do so in your objection. Be sure to include your name, address, telephone number, that you are a Class Member, and your signature. You cannot speak at the hearing if you exclude yourself.

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16. When will I receive my Claim Settlement Payment?

    The Court will hold a hearing on January 28, 2026, 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 Claim Settlement 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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17. What happens if I do nothing at all?

    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 Kaiser about the legal issues released in this lawsuit.

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18. Where can I get more information?

    These FAQs summarize the proposed Settlement. More details can be found in the Settlement Agreement. You may review the Settlement Agreement on the Documents page. You can call 1-877-805-8877 toll-free or write to:

    Kaiser TCPA and FTSA Settlement
    Settlement Administrator
    P.O. Box 6049
    Portland, OR 97228-6049
    

    
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PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR KAISER WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.