1. Why is there a Notice?
2. What is this litigation about?
3. What is the TCPA?
4. Why is this a class action?
5. Why is there a settlement?
6. Who is included in the Settlement?
7. What if I am not sure whether I am included in the Settlement?
8. What does the Settlement provide?
9. How do I file a Claim?
10. When will I receive my check?
11. How do I get out of the Settlement?
12. If I do not exclude myself, can I sue Defendant for the same thing later?
13. What am I giving up to stay in the Settlement Class?
14. If I exclude myself, can I still get a payment?
15. Do I have a lawyer in the case?
16. How will the lawyers be paid?
17. How do I tell the Court if I do not like the Settlement?
18. What is the difference between objecting and asking to be excluded?
19. When and where will the Court decide whether to approve the Settlement?
20. Do I have to attend the hearing?
21. May I speak at the hearing?
22. What happens if I do nothing at all?
23. How do I get more information?
A court authorized the Notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Summerton v. Goldco Direct LLC in the United States District Court, Western District of Wisconsin, and about all of your options before the Court decides whether to give Final Approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.
Hon. William M. Conley a Judge and Hon. Magistrate Judge Anita Marie Boor are overseeing this case. The persons who sued, Plaintiff Jan Summerton is called the “Plaintiff.” Goldco Direct LLC is called the “Defendant”.
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The lawsuit alleges that Defendant sent more than one marketing text message to Plaintiff’s wireless telephone number within a 12-month period after Plaintiff asked Defendant to stop doing so in violation of the Telephone Consumer Protection Act, and seeks actual and statutory damages under the TCPA on behalf of the named Plaintiff and a class of all individuals in the United States.
Defendant denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.
The Plaintiffs’ Complaint, Settlement Agreement, and other case-related documents are posted on this website under the Important Documents tab. The Settlement resolves the lawsuit. The Court has not decided who is right.
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The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts the use of marketing related text message calls.
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In a class action, one person called the “Class Representative” (in this case, Plaintiff) sue on behalf of themselves and other people with similar claims.
All of the people who have claims similar to the Plaintiff are Settlement Class Members, except for those who exclude themselves from the class, among others.
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The Court has not found in favor of either Plaintiff or Defendant. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described in the Notice. Defendant denies all legal claims in this case. Plaintiff and her lawyers think the proposed Settlement is best for everyone who is affected.
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The Settlement includes all persons who received more than one marketing text message on their telephone from Defendant within a 12-month period after having first asked Defendant to stop sending them text messages. Specifically, the Settlement Class is defined as:
All persons in the United States who, during the four years prior to the filing of this case (1) received more than one text message from Defendant or anyone on Defendant’s behalf during any 12-month period; (2) after requesting to not receive text messages from Defendant by responding with a “stop” or “unsubscribe” request; (3) whose number was listed on the National Do-Not-Call Registry when the messages were received; and (4) who did not re-opt in to receive text messages prior to receipt of the text messages.
The Settlement Class excludes the following: (1) the trial judge presiding over this case; (2) Defendant, as well as any parent, subsidiary, affiliate, or control person of Defendant, and the officers, directors, agents, servants, or employees of Defendant; (3) any of the Released Parties; (4) the immediate family of any such person(s); and (5) any Settlement Class Member who has timely opted out of this proceeding.
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If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, call the toll-free number, (833) 647-8970. You also may send questions to the Settlement Administrator at:
Goldco Direct LLC TCPA Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
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To fully settle and release claims of the Settlement Class Members, Defendant has agreed to pay $2,000,000.00 (the “Gross Settlement Fund” or “GSF”). The Gross Settlement Fund will also be used to pay for notice and administration costs of the Settlement, attorneys’ fees and expenses incurred by counsel for the Settlement Class, and a service award for Plaintiff. Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator equal to their pro rata share of any funds available from the Gross Settlement Fund after all attorneys’ fees and expenses, all Notice and Administration Costs, and any Service Award have been paid. Class Claimants will be sent their Claim Settlement Payments to the address they submitted on their Claim Form within 60 days following the Effective Date.
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If you qualify for a payment, you must complete and submit a valid Claim Form. You may download a Claim Form, or request a Claim Form by calling the Settlement Administrator at the toll-free number below. To be valid, a Claim Form must be completed fully and accurately and submitted timely. One claim is allowed per telephone number.
You must submit a Claim Form by U.S. online, by email to info@goldcotcpasettlement.com or mail to:
Goldco Direct LLC TCPA Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
The Claim Form must be postmarked by April 10, 2026. The deadline to file a Claim online or by email is 11:59 p.m. PST on April 10, 2026.
Please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per telephone number.
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Payments in the form of a check to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see “Final Approval Hearing” below). If there are appeals, resolving them can take time. Please be patient.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion, and is sometimes also called “opting out.” If you opt out, you will not receive Settlement benefits or payment. However, you will keep any rights you may have to sue Defendant on your own about the legal issues in this case.
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.
The deadline to exclude yourself from the Settlement is February 25, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Litigation: Summerton. v. Goldco Direct LLC, Case No. 3:23-cv-00238-WMC pending in the United States District Court for the Western District of Wisconsin;
Your full name, mailing address, telephone number and email address;
Personal signature; and
The words “Request for Exclusion” or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself – not any other person.
Submit your Request for Exclusion to the Settlement Administrator online or by mail at the following address:
Goldco Direct LLC TCPA Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Your Request for Exclusion must be submitted, postmarked or emailed by February 25, 2026.
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No. Unless you exclude yourself, you give up the right to sue Defendant or any of the Released Parties for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.
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Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against Defendant or the Released Parties about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you.
The Settlement Agreement is available here. The Settlement Agreement provides more detail regarding the Releases and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in Question 15 at no charge to you, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.
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No. You will not get a payment from the Gross Settlement Fund if you exclude yourself from the Settlement.
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The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.
Michael Eisenband, Esq.
Eisenband Law, P.A.
515 E Las Olas Blvd. Suite 120
Fort Lauderdale, Florida 33301
Manuel S. Hiraldo, Esq.
Hiraldo P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, Florida 33301
You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.
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Class Counsel intend to request up to 33.3% of the Settlement Fund for attorneys’ fees plus their out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid out of the Gross Settlement Fund. The Court will decide the amount of fees and expenses to award.
Class Counsel will also request a Service Award of up to $7,500 to the Plaintiff for her service as Class Representative on behalf of the whole Settlement Class. Any Service Award will be paid out of the Gross Settlement Fund.
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If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have excluded yourself from the Settlement.
You must provide the following information for the Court to consider your objection:
the name of the Litigation: Summerton. v. Goldco Direct LLC, Case No. 3:23-cv-00238-WMC, pending in the United States District Court for the Western District of Wisconsin;
your full name, mailing address, telephone number, and email address;
a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;
if you have hired your own lawyer to represent you at the Final Approval Hearing, provide their name and telephone number;
if you or your lawyer have objected in any other cases in the past five years, list the names, courts, and civil action numbers for each of those cases;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
your signature (or, if you have hired your own lawyer, your lawyer’s signature).
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by February 25, 2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and counsel for Defendants.
Clerk of the Court | Settlement Administrator |
United States District Court | Goldco Direct LLC TCPA Settlement |
Class Counsel | Counsel for Defendants |
Manuel Hiraldo, Esq. | Paul A. Rigali |
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.
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The Court will hold a hearing to decide whether to approve the Settlement and any requests for fees and expenses (“Final Approval Hearing”).
The Court has scheduled a Final Approval Hearing on March 26, 2026, at 11:00 a.m. at 120 N. Henry St., Rm. 320 Madison, WI 53703. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for a Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.
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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 come to Court to talk about it. As long as you submitted your written objection on time to the proper addresses and it complies with all the other requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.
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You may ask the Court for permission to speak at the Final Approval Hearing. To do so, your timely filed objection must include a statement of whether you intend to appear at the Final Approval Hearing and copies of any papers, exhibits, or other evidence that you will present to the Court in connection with the Final Approval Hearing (see Question 17 above).
You cannot speak at the hearing if you exclude yourself from the Settlement.
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If you are a Settlement Class Member and do nothing, meaning you do not file a timely Claim, you will not get benefits from the Settlement. Further, unless you exclude yourself, you will be bound by the judgment entered by the Court.
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This website and the Notice summarize the proposed Settlement. You are urged to review more details in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement. You also may write with questions to the Settlement Administrator at:
Goldco Direct LLC TCPA Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
or call the toll-free number, (833) 647-8970.
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