FREQUENTLY ASKED QUESTIONS
The Money Source’s business records indicate that you received one or more telephone calls from The Money Source to your cellular telephone that utilized an artificial or prerecorded voice, after The Money Source’s business records indicate you requested no further calls from The Money Source. The Notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against The Money Source, on your behalf, are correct. Judge John J. Tuchi of the United States District Court for the District of Arizona is overseeing this class action. The lawsuit is known as Hiller v. The Money Source, Inc., Case No. 2:23-cv-00235-PHX-JJT.
In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. All of these people are a class, or class members. One court resolves the issues for all class members, except those who exclude themselves from the class.
Here, the Class Representative alleges that The Money Source is liable for TCPA violations caused by The Money Source making calls that utilize an artificial or prerecorded voice to the cellular telephones of individuals that had previously asked The Money Source to stop calling.
The Court has certified a Class:
Class: All persons throughout the United States or its territories (1) to whom Defendant placed, or caused to be placed, a call, (2) directed to a number assigned to a cellular telephone service, (3) in connection with which Defendant used an artificial or prerecorded voice, (4) after the called party requested that Defendant stop placing telephone calls using an artificial or prerecorded voice to their cellular telephone, as recorded in Defendant’s business records, (5) from four years prior to the filing of the Complaint through the date of class certification.
The Money Source denies that it did anything wrong.
In a class action, one or more people, called class representatives (in this case, Natasha Hiller) sue on behalf of people who have similar claims. All of these people are called a class, or class members. The class representative who sued, and all class members like her, are called Plaintiffs. The company she sued (in this case, The Money Source) is called Defendant. One court resolves the issues for everyone in the class except for those people who choose to exclude themselves from the class.
The Court decided that this Lawsuit can be a class action and move towards a trial because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that:
a. Questions of law or fact common to the members of the classes predominate over any questions affecting only individual members; and
b. A class action is superior to other available methods for the fair and efficient adjudication of the controversy.
Plaintiff alleges that The Money Source is liable for the calls The Money Source placed that utilized an artificial or prerecorded voice to individuals that had previously asked The Money Source to stop calling in violation of the TCPA. You can read Plaintiff’s Class Action Complaint HERE.
The Money Source denies Plaintiff’s allegations. The Money Source’s Answer to the Class Action Complaint is also available HERE.
The Court has not decided whether Plaintiff or The Money Source is correct. By establishing the Class and issuing the Notice, the Court is not suggesting that Plaintiff will win or lose this case. Plaintiff must prove her claims at a trial, when a trial date is set by the Court.
Plaintiff is asking for $500 to $1,500 for each call placed by The Money Source in violation of the TCPA. Plaintiff is also asking the Court to order The Money Source to pay for Plaintiff’s attorneys fees and costs for bringing the lawsuit.
No money is available now because the Court has not decided whether The Money Source did anything wrong, and the two sides have not settled the case. There is no guarantee that money will ever be obtained. If money is obtained, you will be notified about how to ask for a share.
WHO IS IN THE CLASS
You need to decide whether you are affected by this Lawsuit.
The Court certified the following Class:
Class: All persons throughout the United States or its territories (1) to whom Defendant placed, or caused to be placed, a call, (2) directed to a number assigned to a cellular telephone service, (3) in connection with which Defendant used an artificial or prerecorded voice, (4) after the called party requested that Defendant stop placing telephone calls using an artificial or prerecorded voice to their cellular telephone, as recorded in Defendant’s business records, (5) from four years prior to the filing of the Complaint through the date of class certification.
YOUR RIGHTS AND OPTIONS
You have to decide whether to stay in the Class or ask to be excluded before the trial, and you have to decide this now.
You don’t have to do anything now if you want to keep the possibility of getting money from this Lawsuit. By doing nothing you are staying in the Class. If you stay in and Plaintiff obtains money, either as a result of the trial or a settlement, you will be notified about how to claim a share of the proceeds. Keep in mind that if you do nothing now, regardless of whether Plaintiff wins or loses the trial, you will not be able to sue, or continue to sue, The Money Source as part of any other lawsuit about the same legal claims that are the subject of this Lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.
If you already have a TCPA lawsuit against The Money Source and want to continue with it, you need to ask to be excluded from the Class. If you exclude yourself from the Class—which also means to remove yourself from the Class, and is sometimes called “opting‐out” of the Class—you won’t get any money from this Lawsuit, even if Plaintiff obtains money as a result of the trial or from any settlement between The Money Source and Plaintiff. However, you may be able to sue or continue to sue The Money Source on your own. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.
You may exclude yourself from the class action lawsuit and keep your right to sue The Money Source on your own by sending a letter to the Class Administrator, stating that you wish to be excluded from the Lawsuit and mailing it to Money Source TCPA Class Action, c/o Atticus Administration, PO Box 64053, St Paul, MN 55164. You must include your name and address on the exclusion request. You must exclude yourself from the Lawsuit by November 28, 2025.
THE LAWYERS REPRESENTING YOU
The Court has appointed The Weitz Firm, LLC and The Law Office of Chris R. Miltenberger, PLLC to represent you and all Class Members. These lawyers are called Class Counsel. They are experienced in handling similar cases. More information about the law firms, their practices, and their lawyers’ experience is available at www.theweitzfirm.com and www.miltenbergerlaw.com.
You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to hire them on your own. For example, you can ask a lawyer to appear in Court for you if you want someone other than Class Counsel to speak for you.
If Class Counsel gets money or benefits for the Class, they may ask the Court for fees and expenses. You won’t have to pay these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be deducted from any money obtained for the Class or paid separately by The Money Source.
TRIAL
The Court has not yet scheduled a trial to decide who is right in this case. When the Court schedules a trial, the date and location will be posted on this website, HERE.
As long as the case isn’t resolved by a settlement or otherwise, Class Counsel will have to prove Plaintiff’s claims at trial. During the trial, a jury or the Judge will hear all the evidence to help them decide whether Plaintiff or Defendant are right about the claims in the Lawsuit. There is no guarantee that Plaintiff will win, or that she will get any money for the Class.
You do not need to attend the trial. Class Counsel will present the case for Plaintiff and the Class and Defendant will present the defenses. You or your own lawyer are welcome to come at your own expense.
If Plaintiff obtains money as a result of the trial or a settlement, you will be notified about how to claim a share. It is not known how long this will take.
You will find the Court’s Order certifying the Class, Plaintiff’s Class Action Complaint, and The Money Source’s Answer to the Class Action Complaint HERE. You can also speak to one of the lawyers by calling 1‐267-587-6240 or by writing to: The Weitz Firm, LLC, 1515 Market Street #1100, Philadelphia, PA 19102.
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE ACTION.