Case 2:12-md-02311-SFC-RSW ECF No. 2120-5, PageID.38520 Filed 03/03/21 Page 1 of 4
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`EXHIBIT C
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`Case 2:12-md-02311-SFC-RSW ECF No. 2120-5, PageID.38521 Filed 03/03/21 Page 2 of 4
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`840 Malcolm Road, Suite 200
`Burlingame, CA 94010
`Tel: (650) 697-6000
`Fax: (650) 697-0577
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`399 Park Avenue, Suite 3600
`New York, NY 10022
`Tel: (212) 980-7400
`Fax: (212) 980-7499
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`1901 Avenue of the Stars, Suite 950
`Los Angeles, CA 90067-6029
`Tel: (310) 789-3100
`Fax: (310) 789-3150
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`January 12, 2021
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`Matthew Huppert
`Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C
`1615 M Street, N.W., Suite 400
`Washington, DC 20036
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`Via E-Mail and FedEx Overnight Mail
`info@refundrecoverygoup.com
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`In re: Automotive Parts Antitrust Litigation, No. 2:12-
`md-02311-MOB- MKM (E.D. Mich.)
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`Re:
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`Mr. Huppert:
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`The undersigned are Court-appointed Co-Lead Counsel for the End-Payor Classes
`(“Co-Lead Counsel”) in the above-referenced litigation (“Auto Parts Litigation”). Co-Lead
`Counsel are charged by the Court with protecting the interests of Settlement Class Members
`and ensuring that Settlement Class Members receive accurate information about the
`Settlements and the claims process. It has come to our attention that your client, Financial
`Recovery Services (“FRS”), has engaged in unauthorized and misleading communications with
`potential Settlement Class Members in the Auto Parts Litigation. Specifically, we have learned
`that FRS sent solicitations directly to potential Settlement Class Members incorrectly
`informing them that “[l]ate claims are still being accepted in the Automobile/Automotive Parts
`Class Action Settlement.” If FRS does not immediately take the actions detailed below, we will
`seek an injunction from the District Court overseeing the Auto Parts Litigation. In addition, we
`reserve our right to take other appropriate action.
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`As you no doubt are aware, the Court approved a carefully prepared Notice that was
`intended to constitute an authoritative statement from the Court about the Settlements and
`Settlement Class Members’ options under the Settlements. That Notice, as well as other
`pertinent information regarding the Settlement, was made available and still is available to
`Settlement Class Members on a Court-approved website, www.AutoPartsClass.com. The
`website clearly states that “[t]he deadline to file a claim has passed. All claims must have been
`submitted online or postmarked by June 18, 2020.” It is incorrect that the Claims Administrator
`is accepting late claims. In fact, the Claims Administrator has been instructed to deny both late-
`filed claims and claims filed with a place-holder that in no way identified the at-issue vehicles.
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`Case 2:12-md-02311-SFC-RSW ECF No. 2120-5, PageID.38522 Filed 03/03/21 Page 3 of 4
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`January 12, 2021
`Page 2
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`As you are no doubt also aware, Co-Lead Counsel and the Court-approved Claims
`Administrator also worked to develop a Plan of Allocation and claims procedure that was
`designed to make the claims-filing process as simple as possible consistent with Federal Rule
`of Civil Procedure 23 and Due Process. Pursuant to the Court’s orders granting final approval
`of the Settlements, a straightforward, official claim form was made available to Settlement
`Class Members on the aforementioned website and by phone and mail upon request.
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`We are informed that FRS has been soliciting potential Settlement Class Members in
`the Auto Parts Litigation (the “Solicitation”). The Solicitation referenced contains several
`examples of incorrect, incomplete, and/or misleading information that is likely to cause
`confusion amongst Class Members.
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`First, as mentioned above, the Solicitation falsely states that “[l]ate claims are still being
`accepted in the Automobile/Automotive Parts Class Action Settlement.” That is untrue. The
`claims deadline passed on June 18, 2020, and claims filed after that date or claims that failed
`to identify the associated vehicles before that date are being denied as a matter of course.
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`Second, the Solicitation contains only a passing reference to the Court-approved
`website, which supplies claimants with, among other things: (1) simple instructions for
`submitting claims without any charge; (2) details about the litigation; and (3) the contact
`information for Co-Lead Counsel. In order for recipients of the Solicitation to find any mention
`of Co-Lead Counsel or the Court-appointed claims administrator, they must first visit
`frsco.com, click on “See Class Actions” on the home page, then hover over “Automotive Parts
`Indirect” and click on “Learn More” on the next page to bring up the pop-up window showing
`FRS’s own summary of the action, and then scroll all the way down to the small text at the
`bottom of the pop-up. In addition, despite cherry-picking language directly from the Notice
`and stating only briefly at the very end of the document that Settlement Class Members “have
`the right to file on [their] own,” nowhere does the document direct them to the Court-approved
`website by providing the URL. Nor does it provide any other information regarding how
`Settlement Class Members might have independently filed claims.
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`Third, several aspects of the Solicitation and the frsco.com website contain misleading
`statements that likely create confusion for potential Settlement Class Members who receive the
`Solicitation and/or visit the website. The representation that “FRS is still filing claims for new
`clients” despite the fact that the “deadline to file a claim has passed” misleadingly implies that
`FRS is able to file late-claims when individual claimants are unable to do so. Moreover, the
`Solicitation similarly states that FRS “can submit your organization’s Claim(s) as soon as we
`receive the signed Authorization back from you.” Of course, in reality, the deadline has already
`passed and no late claims are being accepted. The Solicitation also fails to mention the expired
`deadline at all.
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`In light of FRS’s improper and misleading solicitations, Co-Lead Counsel demand that FRS
`complete the following actions within seven calendar days of receipt of this letter:
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`1. FRS must cease posting, sending, and/or distributing all versions of the Solicitation and
`remove ads with the Solicitation from all online platforms. FRS must also stop
`communicating altogether with potential Settlement Class Members who have not
`already filed claims regarding the Auto Parts Litigation.
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`Case 2:12-md-02311-SFC-RSW ECF No. 2120-5, PageID.38523 Filed 03/03/21 Page 4 of 4
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`January 12, 2021
`Page 3
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`2. FRS must include reference to the Court-approved website, www.AutoPartsClass.com
`prominently on the frsco.com website, explain that the deadline to submit claims has
`already passed and that no new claims are being accepted, and explain that FRS
`collects a fee for filing claims on behalf of Settlement Class Members and disclose that
`fee. Alternatively, FRS is free to remove mention of the Automotive Parts Indirect
`Purchaser Antitrust Class Action Settlements from the frsco.com website entirely.
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`3. FRS must provide written corrective disclosures to all potential claimants or potential
`Settlement Class Members who received the Solicitation in connection with the Auto
`Parts Litigation and explain that: (a) the claims deadline passed on June 18, 2020; (b)
`no new claims are being accepted and that FRS will not file any new claims on behalf
`of any claimant in the Auto Parts Litigation; (c) FRS is a for-profit entity that collects
`a fee from claimants and that claimants were able, before the claims deadline, to file a
`claim on their own without any charge and that they can obtain information regarding
`the litigation by visiting the Court-approved website or by contacting the Claims
`Administrator or Co-Lead Counsel; and (d) claimants have the right to revoke their
`agreements with FRS. FRS must provide the undersigned Co-Lead Counsel with copies
`of all such corrective disclosures.
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`4. FRS must provide the undersigned Co-Lead Counsel with a contact list of all potential
`claimants who received the Solicitation at issue or who submitted a claim form on
`frsco.com in connection with the Auto Parts Litigation.
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`5. FRS must provide the undersigned Co-Lead Counsel with a written confirmation that
`FRS has completed all steps outlined in this letter.
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`Should FRS fail to carry out the above actions within the specified time period, we will
`promptly seek an order from the Court: (1) enjoining FRS’s improper attempts to solicit
`potential Settlement Class Members; and (2) voiding all agreements stemming from FRS’s
`improper solicitation efforts. We believe the Court will take misleading communications with
`potential Settlement Class Members at least as seriously as Co-Lead Counsel does. We also
`reserve the right to seek any other appropriate relief.
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`Very truly yours,
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`/s/ Adam J. Zapala
`Adam J. Zapala
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`/s/ William Reiss
`William Reiss
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`/s/ Marc M. Seltzer
`Marc M. Seltzer
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`Co-Lead Counsel for End-Payor
`Plaintiff Classes
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