Newspaper Page Text
Legal Nolice _ Legal Notice
If You Received an Unsolicited Call or Fax
that You Believe Came from an Herbalife Distributor
You May Benefit From a Proposed Class Action Settlement
A Proposed Settlement has been reached in a class Class Counsel will request fees of $2,331,000. plus
action against Herbalife International Inc. and some actual costs, which, if approved, will be deducted from
of its distributors. The case is Mrx v. Herbalife. etal.. the Fund. Administrative Costs. Notice Costs and
No. 01-C-263M. and it is pending in the Circuit Court approved class representative compensation will also
of Ohio County. West Virginia. be deducted from the Fund.
What is the lawsuit about?
The lawsuit claims that Herbalife distributors initiated
unsolicited calls or faxes to promote Herbalife products
or business opportunities to persons who did not have
a customer or busines relationship with Herbalife or
its distributors, in a manner that violated federal
telemarketing law. Herbalife and the distributors deny
that they did anything wxong. Herbalife also denies
that it is legally responsible for the acts or omissions
of its independent contractor distributors.
Who can make a claim?
You may be a Class Member entitled to make a claim
if you (a.) received an unsolicited call or fax from an
Herbalife distributor (or from Herbalife or a company
that provided leads to Herbalife distributors) from July
16.1999 through July 2,2007. and (b.) did not have a
customer or business relationship with Herbalife. The
call or fax did not have to mention Herbalife by name.
What are the terms of the Proposed Settlement?
The Herbalife distributors and Herbalife have agreed
to create a $7 million Settlement Fund that will be
distributed to Class Members. The amount you can
get depends on the number of people that file a claim
but it will not exceed $75. To make a claim, you must
complete and send in a claim form certifying that you
received a call or fax as described above.
For a Detailed Notice and a Claim Form, Visit: www.tcpasettlement.com
Or Write: Herbalife TCPA Class Action Settlement Administrator
c/o A.B. Data, Ltd., P.O. Box 170500, Milwaukee, Wl 53217-8091
Amanda Geiger bought these sunglasses
to wear on spring break. She wore them only once
before she was killed by a drunk driver.
Friends Don’t Let Friends Drive Drunk.
Photo by Mchaoi Mazcao
©
U&Owlieil of T»an«portaMon
What are my rights?
You can make a Claim 10 gel money from the
Settlement Fund. All Claim forms must be
postmarked no later than November 13.2007.
If you do not want to be a member of the Class,
you must send a letter and ask to be excluded. Your
request must be postmarked no later than November
13,2007. If you do not exclude yourself, you agree
never to sue Herbalife or its distributors in the future
for the claims covered by the Proposed Settlement.
You can tell the Court if you do not like this
Proposed Settlement or some part of it if you do
not exclude yourself. To object or comment, you
must send a letter that is mailed and postmarked no
later than November 13,2007. You may also hire
your own lawyer, at your own cost, to speak for you.
The detailed Notice, available below, explains how to
exclude yourself or comment on the case. It also explains
what rights you are giving up if you stay in the Class.
Will the Court approve the Proposed Settlement?
The Court will hold a Final Approval Hearing on
January 15.2008 at 10:00 a.m. to consider whether
the Proposed Settlement is fair, reasonable, and
adequate, the motions for attorneys' fees and expenses,
and compensation for the Class Representatives. If
comments or objections have been received, the Court
will consider them at that time.
I vi 1
■ am
Ways to ease autumn's
annoying allergies
Plan ahead to minimize the misery and enjoy the season.
I LOVE late sum
mer and early fall.
The drop in mer
cury makes it a great
time to be outdoors
unless you’re one of
the 36 million Ameri
cans who suffer from
seasonal allergies. If
so, then the season
probably is filled with
sneezing, congestion,
a runny nose and
itchy eyes instead of
observations about
nature’s majesty. But
it doesn’t have to be
that way. I know, be
cause I’m one of the
allergy sufferers.
An effective strat-
egy against many allergens is
avoidance; by steering deal- of
an offending agent, you may
stay symptom-free. But rag
weed, for example, is a nasty
critter. A major cause of hay
fever, it grows almost every
where, and its pollen particles
are tiny and light, so they’re
champion floaters. And the smaller and
lighter an allergen is, the more likely it
is to be spread over a wide area. Accord
ing to the American Academy of Aller
gy, Asthma & Immunology, one ragweed
plant can produce more than a billion
particles covering up to 400 miles! So
don’t think that because you keep your
yard nicely groomed and free of ragweed,
you’re home free.
Avoiding exposure is difficult, so try
changing your tactics. For starters, moni
tor the outdoor air. Go to aaaai.org and
click on "Pollen Counts” to find out about
conditions in your area. That way, you
M
£22.
10
USA WEEKEND- Sept. 21-23,2007
By DR.TEDD MITCHELL
'S 1 * If
i K
' You may not
be able to
avoid certain
allergens, but
you can take
control of
your response
to them.
this season in the past, you won’t escape
ragweed’s wrath again this year.
Be proactive. Your individual treat
ment strategy will depend on several
factors, including the intensity of your
symptoms and your own preferences for
medical help such as whether you
favor pills, inhalers or shots.
Eiyoying the outdoors is something
more of us should do. Don’t let ragweed
get in your way. Now if you’ll excuse me,
it’s time for me to get my allergy shot E 3
Tedd Mitchell, M.D., president and
medical di rector of Dallas' Cooper Clinic,
mites Health Smart every week.
Smart
can determine which
days may be better
for gardening, exer
cise and other out
door activities.
Next, develop a
strategy in consulta
tion with your doc
tor. Too many people
wait until the onset
of symptoms before
doing something to
ease the irritation
(my wife will tell you
I’ve been guilty of
that). If you w"ait un- j
til you feel lousy be-:
fore you start re-i
ceiving treatment, it!
will take a period of I
“catch up” before you
begin to feel better.
So don’t delay. Fall comes
around every year, and rag
weed comes with it Don’t
think for a second that, some
how, this year you won’t get
sick. Although I do believe in
miracles, chances are that if
you’ve been miserable during
AAHON Mr COY, BOTANIC A/JUWTFH IMAGES