Mojica, et al. v. Securus Technologies, Inc.
Securus ICS Litigation Notice Administrator
5:14-CV-5258

Frequently Asked Questions

 

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  • The Notice is to advise you of a class action lawsuit in the United States District Court, Western District of Arkansas, titled Mojica, et al. v. Securus Technologies, Inc., Case No. 5:14-cv-5258 (the “Lawsuit”), which might affect your rights.

  • In a class action lawsuit, one or more persons, known as the “Class Representatives,” bring a lawsuit on behalf of themselves and all other people who might have a similar claim. One court resolves the issues for all Class members, except those who exclude themselves from the Class.

  • Plaintiffs allege that Securus Technologies, Inc. (“Securus”) obtained exclusive contracts to provide inmate calling services (“ICS”) to inmates at correctional facilities throughout the United States in exchange for the payment of “kickbacks” or “site commissions” to the facilities. Plaintiffs allege that Securus charged unjust and unreasonable: (1) rates for interstate calls, and (2) fees when someone used a credit card to fund a prepaid calling account. Plaintiffs allege that Securus violated the Federal Communications Act of 1934 as well as state law preventing “unjust enrichment.” Plaintiffs seek to recover these unjust charges for themselves and all class members. Securus denies that it obtained exclusive contracts in exchange for the payment of site commissions or “kickbacks”, and denies that its practices, rates, and fees are unjust or unreasonable.

  • The Court has not yet decided whether the Plaintiffs or the Defendant are correct but has ruled that the lawsuit may proceed as a class action on behalf of a nationwide class and two subclasses (together referred to as the “Class”) and has authorized the issuance of the notice notifying Class members about the lawsuit, as it may affect their rights. There is no guarantee that either party will prevail or that any money will ever be obtained, however, if money is obtained, you will be notified about how to obtain your share (if any) if you are a member of the Class and do not exclude yourself from the Class.

  • You are a member of the Class if you are included in one of the following categories:

    1. All persons in the United States who, at any time from August 14, 2012 to the present (or, for interstate calls from a Corrections Corporation of America (“CCA”) facility, from February 16, 2000 to the present): (1) paid to use ICS provided by Securus (including its predecessors) to make or receive one or more interstate phone calls from a correctional facility during a period of time when Securus paid the facility a commission of any type in connection with the interstate calls; and/or (2) paid deposit fees to Securus Technologies, Inc. in order to fund a prepaid account used to pay for any interstate calls.
    2. All persons who, while in Alaska, Arkansas, California, Connecticut, Hawaii, Indiana, Iowa, Michigan, Minnesota, Ohio, Nebraska, New Hampshire, South Carolina, Tennessee, Utah, Vermont, Washington or West Virginia, at any time from August 14, 2011 to the present (or, for interstate claims from a CCA facility, February 16, 2000 to the present), paid to use ICS provided by Securus (including its predecessors) to make or receive one or more interstate phone calls from a correctional facility during a period of time when Securus paid the facility a commission of any type in connection with the interstate calls.
  • If you would like to remain a Class member, you do not need to do anything at this time. If you do not want to be a Class member, you have the right to exclude yourself from the Lawsuit.

  • If you remain a Class member, you will be bound by the result of this Lawsuit. If the Class is successful, you will share in any money that is recovered. If the Class is unsuccessful, you will not receive anything and you will be foreclosed from seeking other relief for the claims asserted, or that could have been asserted, by the Class in the Lawsuit. There is no guarantee that money will ever be obtained. However, if money is obtained, you will be notified about how to obtain your share (if any) if you are a member of the Class and do not exclude yourself from the Class.

  • If you exclude yourself, and the Class recovers money, whether by settlement or trial, you will not share in the recovery. If you exclude yourself from the Class, you will not be bound by any judgment that the Court may enter in the case. You will have the right to hire your own attorney and pursue any individual claims you may have against Securus.

  • If you wish to be excluded, you must send a letter that states: 1) your name; 2) your address; and 3) the following statement: “Please exclude me from the Mojica v. Securus class action lawsuit.” You must send your letter to:

    Notice Administrator
    c/o JND Class Action Administration
    P.O. Box 6878
    Broomfield, CO 80021

    In order to be valid, your letter must be postmarked on or before May 31, 2017.

  • The Court has appointed a number of law firms, known as Class counsel, to represent the Class. Class counsel’s contact information can be found on the Class Counsel page. You also have the right to enter an appearance through an attorney of your choice at your own expense. If you make such an appearance, you will be bound by the result of the Lawsuit to the same extent that you will be bound if you do not appear.

  • The Claims Administrator cannot take address updates over the phone. To update your address, you may notify the Notice Administrator by mail at the address listed on the Contact Us page. Please include the case name, Mojica v. Securus, and your old mailing address for verification purposes.

  • If you have any questions, you may contact the Notice Administrator, JND Class Action Administration. Please do not contact the Court or Securus concerning this case. You may review the documents filed in this litigation at the office of the Clerk of the Court, United States District Court, Western District of Arkansas, 35 East Mountain Street, Fayetteville, Arkansas 72701-5354.

For More Information

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Securus ICS Litigation Notice Administrator
C/O JND Class Action Administration
PO Box 6878
Broomfield, CO 80021