Frequently Asked Questions

This class action case (“the Action”) alleges that Aeroenlaces Nacionales, S.A. de C.V., generally known to the public as Viva Aerobus (“Defendant”), violated California laws that prohibit recording telephone calls without consent. Defendant has denied the claims and denies that it violated the applicable law in any way.

The case covers (1) inbound calls made to Defendant’s customer service department by persons residing or located in California at any time during the Class Period (from and including August 7, 2022 through and including November 10, 2023) that were recorded, and/or (2) outbound calls made by Defendant’s customer service department to persons residing or located in California at any time during the Class Period that were recorded.

In a class action, one or more people called Settlement Class Representatives (in this case, Margarita Rahmat and Anilu Benavides) sue on behalf of people who have claims similar to their own.

You are a Settlement Class Member if, while residing or located in California, you (1) placed a telephone call to Defendant’s customer service department (including, but not limited to, telephone number (866) 359-8482 at any time from and including August 7, 2022 through November 10, 2023, that was recorded, and/or, (2) during the Class Period, received an outbound call from Defendant’s customer service department that was recorded.

Defendant has a record of telephone numbers made to its customer service department and of the telephone numbers its customer service department called during the Class Period. If you received notice of this proposed settlement by U.S. mail or email, there are records indicating that you might be a member of the Settlement Class entitled to submit a Claim Form. You may be a Settlement Class Member even if you did not receive a mailed or emailed notice of this proposed Settlement if you made and/or received one or more calls to or from Defendant’s customer service telephone number during the Class Period. If you are not sure whether you qualify, you can contact the Claims Administrator by calling (833) 522-2572 or by email at [email protected] to ask whether your telephone number or numbers appear on the list of qualifying calls.

Defendant denies that it is liable for the claims alleged in the Action, and the Court has not decided in favor of either side. However, both sides agreed to a settlement to avoid the uncertainty and cost of further litigation and potentially a trial, and to provide benefits to Settlement Class Members promptly. The terms of the settlement are spelled out in the Settlement Agreement and Release, which you may access through the Settlement Website, www.AerobusCallRecordingSettlement.com, by calling (833) 522-2572, or by writing to the Claims Administrator at Rahmat et al. v. Viva Aerobus, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, New York 10150-5391

Defendant has agreed to create a settlement fund of $3,950,000. After notice and administration fees and costs, incentive awards to Settlement Class Representatives, and Class Counsel’s attorneys’ fees and costs are deducted, the entire remaining amount (estimated to be $2,433,334) (“Net Settlement Fund”) will be divided among all Settlement Class Members who submit timely and valid Claim Forms based on the number of qualified calls received by those Settlement Class Members. The per capita settlement value is $21.45 per call. However, based on claims rates in similar cases, Settlement Class Members who submit a timely and valid Claim Form may receive approximately $100 per qualified call. The actual amount paid out per qualified call will depend on the number of Settlement Class Members who submit timely and valid Claims Forms and the number of calls made by or to each.

The Claims Administrator can verify the number of qualifying telephone calls made from and/or to each telephone number during the Class Period. If you would like information regarding the number of qualifying telephone calls associated with your claim, you can contact the Claims Administrator by calling (833) 522-2572 or by email at [email protected].

If you would like to dispute the number of telephone calls associated with your telephone number or numbers, you should contact the Claims Administrator by telephone (833) 522-2572 or email [email protected] to submit a dispute. You may be required to provide proof of calls to and/or from Defendant’s customer service department during the Class Period. All disputes must be submitted by November 9, 2024, which also is the deadline to submit a claim. The Claims Administrator shall make a final and binding resolution of all disputes.

You must complete a Claim Form and return it to the Claims Administrator on time. You may obtain a hard copy Claim Form from the Settlement Website, www.AerobusCallRecordingSettlement.com, by calling (833) 522-2572 , or by writing to the Claims Administrator at Rahmat et al. v. Viva Aerobus, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, New York 10150-5391. You also may submit a completed Claim Form online at the Settlement Website, www.AerobusCallRecordingSettlement.com.

To submit a Claim Form online, you MUST provide your Claim ID#, which can be found on the notice or email notice you may have received. You also may obtain the required code by contacting the Claims Administrator by telephone (833) 522-2572 or email [email protected]. A Claim Form will not be considered timely unless it is returned to the Claims Administrator online or sent by mail postmarked no later than November 9, 2024. Additionally, if you need to update your address, please contact the Claims Administrator at (833) 522-2572.

To receive a settlement payment of $600 or more, you must provide your Tax Identification Number (“TIN”) to the Claims Administrator. If you do not provide your TIN to the Claims Administrator and otherwise would be entitled to a settlement payment of $600 or more, you may receive multiple payments over several tax years and/or have an amount deducted from your settlement payment to comply with IRS Regulations. It is recommended that you provide your TIN with your Claim Form. Instructions can be found on the Settlement Website, www.AerobusCallRecordingSettlement.com.

Unless you exclude yourself, as described below, you will remain in the Settlement Class and be bound by the terms of the settlement and all the Court’s orders regardless of whether you submit a Claim Form. This means you cannot sue or be part of any other lawsuit against Defendant or other Released Parties (defined below) about the issues in this case. Staying in the Settlement Class also means you agree to the following release of claims, which describes the legal claims you give up:

Release by the Settlement Class. Upon the Settlement Effective Date, the Settlement Class Representatives and each Settlement Class Member, and their respective heirs, assigns, successors, agents, attorneys, executors, and representatives, shall be deemed to have, and by operation of this Agreement and the Final Approval Order and Judgment shall have, fully, finally, irrevocably, and forever released Defendant and its present and former officers, directors, employees, members, managers, shareholders, agents, parents, subsidiaries, affiliates, insurers, operators, partners, joint ventures, franchisees, franchisors, consultants, attorneys, successors or assigns (collectively, the “Released Parties”) from any and all claims, rights, demands, liabilities, causes of action, damages (whether actual, compensatory, statutory, punitive or of any other type), penalties, costs, attorneys' fees, and/or losses of every nature and description, whether known or unknown, in law or equity, existing or suspected or unsuspected, that are or could have been asserted in the Action, and which, if known by it, would have affected materially its decision to enter into this Settlement, including but not limited to those arising out of or relating to any claim or allegation concerning violations of California Penal Code §§ 632, 632.7, and/or 637.2 or any other State or Federal law, statute, regulation or ordinance imposing liability and/or obligations related to the unauthorized recording of telephone calls, i.e., the “Released Claims.” Settlement Class Members further waive their right to pursue, and agree not to pursue, any monetary, injunctive, or declaratory relief relating to violations of California Penal Code §§ 632, 632.7, and/or 637.2 and/or any other state or federal law, statute, regulation, or ordinance imposing liability and/or obligations related to the unauthorized recording of telephone calls against Defendant during the Class Period.

The Court will hold a hearing on December 18, 2024, to decide whether to give final approval to the settlement. If the settlement receives final approval, payments may be made as soon as 60 days after the final approval hearing but, depending on what happens in the case, payments could be delayed. You can stay informed of the progress of the settlement through the dedicated Settlement Website at www.AerobusCallRecordingSettlement.com. Please be patient.

If you want to keep the right to sue Defendant or any of the Released Parties on your own and at your own expense about the issues in this case, then you must take steps to exclude yourself from the settlement. This is also called “opting out” of the settlement. To exclude yourself from the settlement, you must send a letter by United States first class mail to the Claims Administrator, containing: (1) the title of the Action; (2) your full name, address, and telephone number; (3) a statement you request to be excluded from the Settlement Class; and (4) the telephone number(s) that you claim to have used in making and/or receiving a call or calls covered by this class action settlement. Be sure to include your name, address, telephone number, and signature. If you decide to exclude yourself, your letter requesting exclusion from the settlement must be postmarked no later than November 9, 2024, and mailed to:

Rahmat et al. V. Viva Aerobus

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, New York 10150-5391

If you request exclusion from the settlement, you will not get any settlement benefits and you cannot object to the terms of the settlement. You will also not be legally bound by anything that happens in this Action.

No. Unless you exclude yourself, you give up any right to sue Defendant and any of the Released Parties for the claims this settlement resolves.

The Court has appointed Eric A. Grover of Keller Grover LLP and Scot D. Bernstein, A Professional Corporation to represent you and other Settlement Class Members as Class Counsel. Class Counsel will be paid from the settlement fund and you will not be charged separately for this. If you want to be represented by your own lawyer, you may hire one at your own expense.

Settlement Class Counsel will ask the Court to approve payment of up to $1,316,666 in attorneys’ fees and out-of-pocket costs of no more than $25,000. The fees will be paid to the Settlement Class Counsel for investigating the facts, litigating the case, negotiating the settlement, and following through to make sure that its terms are carried out. Settlement Class Counsel also will ask the Court to approve a total payment of $25,000 to the two named plaintiffs ($20,000 to Margarita Rahmat and $5,000 to Anilu Benavides) for their service as Settlement Class Representatives. The Court may award less than these amounts.

You can ask the Court to deny approval by submitting an objection. If the Court denies approval, no settlement payments will be sent out to anyone and the lawsuit will continue.

All written objections and supporting papers must include: (1) the name and case number of the lawsuit (Margarita Rahmat v. Viva Aerobus, Ventura County Superior Court Case No. 2023CUBT012357; (2) the objector’s full name and postal address; (3) a statement as to the basis of the objector’s belief he or she is a member of the Settlement Class; (4) all grounds for the objection including, if available, the factual and legal bases for the objection known to the objector or his or her counsel and the relief the objector is seeking; (5) the identity, postal address, and telephone number for all counsel who represent the objector, if any; and (6) a statement confirming whether the objector or the objector’s counsel intend to appear personally at the final fairness hearing.

Objections must be submitted to the Claims Administrator by mailing them to Rahmat et al. v. Viva Aerobus Settlement Objections, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, New York 10150-5391. Unless otherwise authorized by the Court, objections must be postmarked on or before November 9, 2024, to be considered timely.

Objecting is telling the Court you do not like something about the settlement. You can object only if you stay in the Settlement Class. If you object, you still must submit a timely Claim Form if you want to receive the benefits of the settlement in the event that your objection is overruled and the settlement is approved. Excluding yourself is telling the Court you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you. You cannot both object to and exclude yourself from the settlement. Any persons who attempt both to object to and exclude themselves from the settlement will be deemed to have excluded themselves and will forfeit the right to object to or participate in the settlement or any of its terms. Similarly, you cannot both opt out and submit a Claim Form. If you submit a timely Claim Form and a request for exclusion, the request for exclusion shall be deemed void and the Claim Form will be processed under the terms of the settlement.

The Court will hold a final fairness hearing regarding the settlement at 8:20 am on December 18, 2024, at the Ventura County Superior Court, Department 41, 800 South Victoria Avenue, Ventura, California 93009. At that hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court will also decide how much to pay to Class Counsel and the Settlement Class Representatives. After the hearing, the Court will decide whether to approve the settlement. Class Counsel do not know how long those decisions will take.

The final fairness hearing date or time may be changed without further notice. Any change to the final fairness hearing date or time will be posted on the Settlement Website, www.AerobusCallRecordingSettlement.com.

No. Settlement Class Counsel will answer questions that the Court may have. However, you are welcome to attend at your own expense. If you submit an objection, you do not have to come to Court to talk about it. If you submit your written objection on time, the Court will consider it.

You also may have your own lawyer attend at your own expense but doing so is not necessary. You may ask the Court for permission to address any objection you may have to the settlement at the final fairness hearing. To do so, you must submit a timely objection and include a statement you intend to appear at the final fairness hearing.

If you do nothing, you will remain in the Settlement Class and will be bound by the terms of the settlement and all the Court’s orders including the Release. However, this also means you will not receive any settlement benefits and can’t sue or be part of any other lawsuit against Defendant or the Released Parties about the issues in this case.

This Long-Form Settlement Class Notice summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the Settlement Agreement and Release. You can update your contact information and get a copy of the Settlement Agreement, Release, and other case documents through the Settlement Website, www.AerobusCallRecordingSettlement.com, by calling (833) 522-2572 or by writing to the Claims Administrator at Rahmat et al. v. Viva Aerobus, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, New York 10150-5391. You also can contact Class Counsel:

PLEASE DO NOT CALL THE COURT, THE COURT CLERK’S OFFICE, DEFENDANT OR DEFENDANT’S COUNSEL WITH ANY QUESTIONS RELATED TO THE SETTLEMENT.