Manopla v. Home Depot USA Inc. et al Class Action

Welcome to the Manopla v. Home Depot USA Inc., et al. Class Action Website

If you received an automated telephone call between the dates of October 16, 2013 and June 1, 2015, you may be entitled to benefits under a class action settlement.

This website concerns the Settlement that resolves claims in the lawsuit Aaron and Evelyn Manopla, on behalf of themselves and all others similarly situated, v. Home Depot USA, Inc., Atlantic Water Products Inc. and John Does 1-25, Case No. 3:15-cv-01120-PGS-TJB (D.N.J).
In the lawsuit, Plaintiffs Aaron Manopla and Evelyn Manopla (“Plaintiffs”) allege that Defendants Home Depot U.S.A., Inc. (“Home Depot”) and Atlantic Water Products, Inc. d/b/a Atlantic Water and Air (“AWP”) (collectively “Defendants”) violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (the “TCPA”) by calling Plaintiffs’ telephones using an artificial or prerecorded voice utilizing an automatic telephone dialing system without obtaining prior express consent to do so.
Depending upon how many Class Members submit valid Claim Forms, claimants may receive up to $5,000 in cash.
The Settlement will provide a total of $4,350,000 (the “Settlement Fund”) to settle and release claims of persons who received the above described telephone calls between October 16, 2013 and June 1, 2015 (the “Settlement Class”).
Defendants deny Plaintiffs’ allegations and deny any wrongdoing whatsoever. By entering into the Settlement, Defendants have not conceded the truth or validity of any of the claims against them.
The Settlement Fund shall be used to pay all amounts related to the settlement, including awards to Settlement Class Members who submit a valid and timely claim form to receive payment (“Claim Form”), attorneys’ fees and costs to attorneys representing Plaintiffs and the Settlement Class (“Class Counsel”), any service awards to Plaintiffs and the costs of notice and administration of this Settlement. Monies remaining in the Settlement Fund, including if checks are uncashed, will be distributed to a charitable non-profit organization approved by the Court. No amount of the Settlement Fund will revert to Defendants.
Your rights and options relating to the Settlement, and the deadlines by which to exercise them, are explainedbelow. Your legal rights are affected whether you act or don’t act. Read the Class Long Form Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM	If you are eligible to submit a Claim and submit a valid Claim Form by September 20, 2019, you will receive a payment and will give up your rights to sue Home Depot and AWP and/or any other Released Parties on a Released Claim. Claim Forms may be submitted by mail to Manopla v. Home Depot USA, Inc. et al Claims Administrator, c/o KCC Class Action Services, P.O. Box 404000, Louisville, KY 40233-4000, email to info@AWP-HomeDepotTCPA.com, or through the File Claim button on this website.
EXCLUDE YOURSELF OR “OPT-OUT” OF THE SETTLEMENT	If you ask to be excluded, you will not receive a payment. This is the only option that allows you to pursue your own claims against Home Depot and AWP and/or other Released Parties in the future. The deadline for excluding yourself is September 3, 2019.
OBJECT TO THE SETTLEMENT	Write to the Court about why you believe the Settlement is unfair in any respect. The deadline for objecting is September 3, 2019. To obtain a benefit from this Settlement, you must still submit a Claim Form. If you submit only an objection, you will not receive any benefit from the Settlement and you will give up your rights to sue Home Depot and AWP and/or any other Released Parties on a Released Claim.
DO NOTHING	If you received an email or postcard notice and do nothing, you will not be eligible for a payment, and you will waive your rights to sue Home Depot and AWP and/or any other Released Parties on a Released Claim.
GO TO THE FINAL APPROVAL HEARING	Ask to speak in Court about the fairness of the Settlement. To speak at the Final Approval Hearing, you must file a document which complies with the requirements set forth on this website.

These rights and options—and the deadlines to exercise them—are explained in the Class Long Form Notice.

The Court still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after any appeals are resolved. Please be patient.