Frequently Asked Questions


  1. Why is there a Notice?

    A court authorized the Notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Matthew Gottlieb, on behalf of himself and all others similarly situated, v. CITGO Petroleum Corporation, Case No. 9:16-CV-81911 and about all of your options before the Court decides whether to give Final Approval to the Settlement. The Notice and this Settlement Website explain the lawsuit, the Settlement, and your legal rights.

    Judge Robin L. Rosenberg of the United States District Court, Southern District of Florida is overseeing this case. The person who sued, Matthew Gottlieb, is called the “Plaintiff.” CITGO Petroleum Corporation, or CITGO, is called the “Defendant.”

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  2. What is this litigation about?

    The lawsuit alleges that CITGO sent text messages to Plaintiff’s wireless telephone number without prior express written consent in violation of the Telephone Consumer Protection Act 47 U.S.C. § 227 (“TCPA”) 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.

    CITGO 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 Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are available here. The Settlement resolves the lawsuit. The Court has not decided who is right.

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  3. What is the Telephone Consumer Protection Act?

    The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts telephone solicitations and the use of automated telephone equipment. The Plaintiff here alleged that CITGO sent marketing text messages to individuals without the requisite prior written consent in violation of the TCPA.

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  4. Why is this a class action?

    In a class action, one person called the “Class Representative” (in this case, Plaintiff Matthew Gottlieb) sues on behalf of himself and other people with similar claims.

    All of the people who have claims similar to the Plaintiff’s are members of the Settlement Class, except for those who exclude themselves from the class.

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  5. Why is there a settlement?

    The Court has not found in favor of either Plaintiff or CITGO. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial. The Settlement was approved by the Court on November 29, 2017 and, as a result, Settlement Class Claimants will receive the benefits described in the Notice. CITGO denies all legal claims in this case. Plaintiff and his lawyers think the proposed Settlement is best for everyone who is affected.

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  6. Who is included in the Settlement?

    The Settlement includes all persons in the United States who received one or more text messages sent by or on behalf of CITGO in August, October, and November 2016. These people are called the “Settlement Class” or “Settlement Class Members.”

    Excluded from the Settlement Class are (a) Defendant, Defendant’s officers, Defendant’s directors, and their immediate family members; (b) Class Counsel; and (c) the judges who have presided over the litigation and their immediate family members.

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  7. What if I am not sure whether I am included in the Settlement?

    If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, review this website for additional information or call the toll-free number, 1-888-457-6608. You also may send questions to the Settlement Administrator at CITGO TCPA Settlement Administrator, P.O. Box 3967, Portland, OR 97208-3967.

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  8. What does the Settlement provide?

    CITGO has agreed to pay $8,000,000.00 to create a cash Settlement Fund. Additionally, CITGO has agreed to pay the first $300,000.00 of Settlement Administration and Notice Administration costs. The Settlement Fund will be used to pay all additional Settlement Costs, an attorneys’ fee award, and a Service Award to the Class Representative. The remaining Net Settlement Fund shall be distributed as cash payments to Settlement Class Members who submit valid Claims. The cash payments will be distributed on a pro rata basis to Settlement Class Members depending on the number of valid Claims filed. Each Settlement Class Member may file one Claim and receive one cash payment.

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  9. How do I file a Claim?

    The deadline to submit a Claim Form was December 14, 2017.

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  10. When will I receive my payment?

    The Court granted Final Approval to the Settlement and payments to Settlement Class Members were issued and mailed on February 5, 2018. Please allow time for mail delivery.

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  11. How do I get out of the Settlement?

    If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue CITGO on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself—or it is sometimes referred to as “opting out” of the Settlement Class.

    To exclude yourself from the Settlement, you must send a timely letter by mail to:

    CITGO TCPA Settlement Administrator
    P.O. Box 3967
    Portland, OR 97208-3967

    Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a statement that indicates your desire to be “excluded from the Settlement Class” and that, absent of excluding yourself or “opting out,” you are “otherwise a member of the Settlement Class.”

    Your exclusion request must be postmarked no later than October 30, 2017. You cannot ask to be excluded on the phone, by email, or on this website.

    You may opt out of the Settlement Class only for yourself.

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  12. If I do not exclude myself, can I sue CITGO for the same thing later?

    No. Unless you exclude yourself, you give up the right to sue CITGO 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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  13. What am I giving up to stay in the Settlement Class?

    Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against CITGO 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 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 FAQ 15 for free, 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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  14. If I exclude myself, can I still get a payment?

    No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.

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  15. Do I have a lawyer in the case?

    The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class:

    Class Counsel
    Jeff Ostrow
    Avi Kaufman
    Scott Edelsberg
    Kopelowitz Ostrow Ferguson Weiselberg Gilbert
    Andrew Shamis
    Shamis & Gentile, P.A.

    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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  16. How will the lawyers be paid?

    Class Counsel intend to request up to 33.33% of the value of the Settlement for attorneys’ fees plus reimbursement of reasonable, actual out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will decide the amount of fees and expenses to award.

    Class Counsel will also request that a Service Award of $5,000.00 be paid from the Settlement Fund to the Class Representative for his service as representative on behalf of the whole Settlement Class.

    Update: Per the Final Approval Order which was granted on November 27, 2018, Class Counsel has been awarded its request.

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  17. How do I tell the Court I do not like the Settlement?

    If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must timely submit a letter that includes the following:

    1. A heading that includes the case name and case number, Matthew Gottlieb, on behalf of himself and all others similarly situated, v. CITGO Petroleum Corporation, Case No. 9:16-CV-81911;
    2. Your name, address, telephone number, the cell phone number at which you received text messages from CITGO in August, October, and/or November 2016, and if represented by counsel, the name, bar number, address, and telephone number of your counsel;
    3. A signed statement stating, under penalty of perjury, that you received one or more text messages sent by or on behalf of CITGO in August, October, and/or November 2016 and are a member of the Settlement Class;
    4. A statement of all your objections to the Settlement including your legal and factual basis for each objection;
    5. A statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel, and if with counsel, the name of your counsel who will attend;
    6. The number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior objections that were issued by the trial and appellate courts in each listed case;
    7. A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and
    8. Any and all agreements that relate to the objection or the process of objecting—whether written or verbal—between you or your counsel and any other person or entity.

    If you wish to object, you must file your objection with the Court (using the Court’s electronic filing system or in any manner in which the Court accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by October 30, 2017.

    Clerk of the Court Lead Class Counsel Defendant's Counsel
    United States District Court
    for the Southern District of Florida
    701 Clematis St.
    Room 202
    West Palm Beach, FL 33401
    Jeff Ostrow
    Kopelowitz Ostrow Ferguson Weiselberg Gilbert
    1 West Las Olas Blvd.
    Suite 500
    Ft. Lauderdale, FL 33301
    Scott Solberg
    Eimer Stahl LLP
    224 South Michigan Ave.
    Chicago, IL 60604

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  18. What is the difference between objecting and asking to be excluded?

    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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  19. When and where did the Court approve the Settlement?

    The Court held a hearing to decide whether to approve the Settlement and any requests for fees and expenses (“Final Approval Hearing”). The Court had scheduled a Final Approval Hearing on November 29, 2017 at 11:00 a.m. at the Alto Lee Adams, Sr. U.S. Courthouse, 101 South U.S. Highway 1, Courtroom 4008, Ft. Pierce, FL 34950.

    At this hearing, the Court considered the Settlement fair, reasonable, and adequate. The Court also awarded the requests by Class Counsel for attorneys’ fees and expenses and for a Service Award to the Class Representative. Any objections were considered at that time by the Court. After the hearing, the Court decided to approve the Settlement.

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  20. Do I have to attend the hearing?

    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.

    Note: the Hearing occurred on November 29, 2018.

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  21. May I speak at the hearing?

    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 (see FAQ 17).

    You cannot speak at the hearing if you exclude yourself from the Settlement.

    Note: the Hearing occurred on November 29, 2018.

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  22. What happens if I do nothing at all?

    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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  23. How do I get more information?

    The Notice and this website 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 here. You also may write with questions to the Settlement Administrator at CITGO TCPA Settlement Administrator, P.O. Box 3967, Portland, OR 97208-3967 or call the toll-free number, 1-888-457-6608.

    Please do not contact the Court, CITGO, or CITGO's Counsel for additional details.

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  24. Why did I receive a Settlement Check?

    You received a Settlement Check because it was determined that you were part of the Settlement Class. The Settlement Class is defined as: All persons in the United States who received one or more text messages sent by or on behalf of CITGO in August, October, and November 2016. It was also determined that you submitted a timely and valid Claim.

    Note: Excluded from the Settlement Class are: (A) Defendant, Defendant’s officers, Defendant’s directors, and their immediate family members; (B) Class Counsel; and (C) the judges who have presided over the litigation and their immediate family members.

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  25. Why didn’t I receive a Settlement Check?

    If you did not receive a Settlement Check, but you definitely filed a timely/valid Claim by December 14, 2017, are a part of the Settlement Class as defined in FAQ 6, and did not exclude yourself from the Class, then it is possible we do not have a current address for you.

    Please let us know by sending a letter to:

    CITGO TCPA Settlement Administrator
    P.O. Box 3967
    Portland, OR 97208-3967

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  26. How do I negotiate my check that says “This check may not be cashed at a check cashing agency or money service business”?

    The Settlement check may be cashed, deposited, or otherwise negotiated at any bank or financial institution (like a credit union) that is not a check cashing agency or money servicing business. If you are unable to cash the check at a bank or other financial institution, you may request that a replacement check be issued to you without the restrictive ‘check cashing’ language.

    To receive a replacement check, you must return the original check to the Settlement Administrator, accompanied by a written request asking that a replacement check be issued and mailed to you without the restrictive ‘check cashing’ language at:

    CITGO TCPA Settlement Administrator
    P.O. Box 3967
    Portland, OR 97208-3967

    If you cannot return the original check to the Settlement Administrator, then for security reasons your replacement check will be issued and mailed to you only after the original check passes its 90-day stale date.

    The deadline to request a check reissue is May 7, 2018.

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  27. Can you update my address and re-mail my check?

    To request a replacement check mailed to you at an updated address, please mail a signed, written request, asking that a replacement check be reissued and mailed to you. Please also indicate your current and former mailing addresses. Mail your check with request to:

    CITGO TCPA Settlement Administrator
    P.O. Box 3967
    Portland, OR 97208-3967

    If you cannot return the original check to the Settlement Administrator, then for security reasons your replacement check will be issued and mailed to you only after the original check passes its 90-day stale date.

    The deadline to request a check reissue is May 7, 2018.

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  28. Can you expedite my check reissue?

    Unfortunately, it is generally not possible to expedite a check reissue.

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  29. What is the deadline to request a check reissue?

    The deadline to request a check reissue is May 7, 2018.

    Please see the other applicable reissue FAQs to find out the procedure on requesting a check reissue.

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  30. How can I receive a new check if I lost mine or it got damaged?

    If your settlement check was damaged or lost, but is not yet stale, you may request that a replacement check be mailed to you. To do so, please return your damaged check to us with a signed, written request, asking that a replacement check be issued and mailed to you. If the check is stale, only the signed, written request is required and not the check. Please mail your check and request to the Settlement Administrator at the following address:

    CITGO TCPA Settlement Administrator
    P.O. Box 3967
    Portland, OR 97208-3967

    If you cannot return the original check to the Settlement Administrator, then for security reasons your replacement check will be issued and mailed to you only after the original check passes its 90-day stale date.

    The deadline to request a check reissue is May 7, 2018.

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  31. I changed my name, or my business is defunct, and need a check reissued.

    First, please go to the bank or financial institution in which you are a current account holder, as they may negotiate the settlement check if documentation regarding the status of your name change is presented.

    If your bank or financial institution will not negotiate the check as-is, please return the original check to the Settlement Administrator at:

    CITGO TCPA Settlement Administrator
    P.O. Box 3967
    Portland, OR 97208-3967

    Be sure to include a signed, written request asking that a replacement check be issued and mailed to you. Please include instructions for the name that should be included on the replacement check. You do not need to provide documentation for the name change.

    If you cannot return the original check to the Settlement Administrator, then for security reasons your replacement check will be issued and mailed to you only after the original check passes its 90-day stale date.

    The deadline to request a check reissue is May 7, 2018.

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  32. What do I do if the person on the check is incapacitated or deceased?

    First, please go to the financial institution at which you are a current account holder; your bank may cash or deposit the check if documentation is presented regarding the status of the account holder and your status as the beneficiary/executor.

    If your bank will not cash the check, please return the original check along with a letter, signed under penalty of perjury, declaring that you are lawfully designated to receive the funds on behalf of the deceased class member, to the Settlement Administrator at:

    CITGO TCPA Settlement Administrator
    P.O. Box 3967
    Portland, OR 97208-3967

    The deadline to request a check reissue is May 7, 2018.

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  33. Can I negotiate a higher Settlement Award amount?

    No, all Settlement Award amounts are final. Cash payments were distributed on a pro rata basis to Settlement Class Members, and depended on the number of valid Claims filed. Each Settlement Class Member was allowed to file one Claim and receive one cash payment.

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Important Dates

  • Class Period
    People who received a text message in August, October and/or November 2016
  • October 30, 2017
    Deadline to Exclude Yourself from the Settlement
  • October 30, 2017
    Deadline to Object to the Settlement
  • November 29, 2017 at 11:00 a.m. EST
    Final Approval Hearing
  • November 29, 2017
    Final Approval Granted
  • December 14, 2017
    Postmarked Deadline for Claim Filing
  • December 14, 2017
    Deadline for Online Claim Filing
  • February 5, 2018
    Distribution of Check Payments