Frequently Asked Questions

A Court authorized the Notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Kamel, et. al. v. Albertsons Companies, Inc. (the “Action”) Case No.: 2025-007258-CA-01 in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, and about all of your options before the Court decides whether to give Final Approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

Hon. Spencer Eig a Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida is overseeing this case. The persons who sued, Plaintiffs Anthony Kamel, Linnea Menin, Jasmine Otte and Jennifer Schofield are called the “Plaintiffs.” Albertsons Companies, Inc. is named as the “Defendant”  in the Action.

The Action alleges that ACI sent more than one marketing text message to Plaintiffs’ residential wireless telephone number within a 12-month period after Plaintiffs asked ACI to stop doing so by responding to the text messages with "Stop" or similar opt-out instructions in violation of the TCPA, and seeks actual and statutory damages under the TCPA on behalf of the named Plaintiffs and a class of all individuals in the United States.

ACI denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the action and that the claims in the action would be appropriate for class treatment if the action were to proceed through trial.

The Plaintiffs’ Complaint, Settlement Agreement, and other case-related documents are posted in the Documents section of this Settlement Website. The Settlement resolves the lawsuit. The Court has not decided who is right
 

The TCPA (Telephone Consumer Protection Act) is a federal law that restricts the use of marketing related text message calls without prior express consent.

In a class action, one or more persons called the “Class Representatives” (in this case, Plaintiffs) sue on behalf of themselves and other people with similar claims.

All of the people who have claims similar to the Plaintiffs are Settlement Class Members, except for those who exclude themselves from the class.
 

The Court has not found in favor of either Plaintiffs or Defendant. Instead, both sides have agreed to a Settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described in this Settlement Website. Defendant denies all legal claims in this case. Plaintiffs and their lawyers think the proposed Settlement is best for everyone who is affected.

The Settlement includes all persons who, from June 1, 2023 to July 11, 2025, received more than one marketing text message on their telephone from Defendant, other than a message confirming an opt-out request within a 12-month period after having first asked Defendant to stop sending them text messages by responding to the text messages with "Stop" or similar opt-out instruction. Specifically, the Settlement Class is defined as:

All persons within the United States who, from June 1, 2023 to the date of preliminary approval of this settlement, (1) received two or more unsolicited text messages and/or telemarketing call from Albertsons Companies, Inc., Star Markets Company, Inc., Safeway, Inc. and their affiliates and subsidiaries (collectively “Defendant”), and anyone acting on Defendant’s behalf, (2) other than a message confirming an opt-out request, (3) within any 12-month period, (4) for the purpose of selling Defendant’s products or services, (5) after making a request to Defendant not to receive further text messages, including by texting the word “Stop” or similar opt-out instructions in response to Defendant’s text messages.

The Settlement Class excludes the following: (1) the trial judge presiding over this case; (2) Defendant, as well as any parent, subsidiary, affiliate, or control person of Defendant, and the officers, directors, agents, servants, or employees of Defendant; (3) any of the Released Parties; (4) the immediate family of any such person(s); and (5) any Settlement Class Member who has timely opted out of this proceeding.
 

If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, check this Settlement Website or call the toll-free number, (833) 890-4771. 

You also may send questions to the Administrator at Kamel et al. vs. Albertsons Companies Inc, c/o Kroll  Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391.

To fully settle and release claims of the Settlement Class Members, Defendant has agreed to pay $5,950,000 (the “Gross Settlement Fund”). The Gross Settlement Fund will also be used to pay for Notice and Administration Costs of the Settlement, Attorneys’ Fees and Expenses incurred by counsel for the Settlement Class, and a Service Award for Plaintiffs. Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator equal to their pro rata share of any funds available (estimated to be at least $100) from the Settlement Fund after all Attorneys’ Fees and Expenses, all Notice and Administration Costs, and any Service Award have been paid. Settlement Class Claimants will be sent their Claim Settlement Payments to the address they submitted on their Claim Form within sixty (60) days following the Effective Date.

If you qualify for a Claim Settlement Payment, you must complete and submit a valid Claim Form. You may download a Claim Form from the Documents section of this Settlement Website or request a Claim Form by calling the Administrator at the toll-free at (833) 890-4771. To be valid, a Claim Form must be completed fully and accurately and submitted timely. One Claim is allowed per Settlement Class Member.

You must submit a Claim Form by U.S. mail or through the Settlement Website, and it must be postmarked by September 10, 2025.

Please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.
 

Claim Settlement Payments in the form of a check to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see FAQ 19 “Final Approval Hearing” below).If there are appeals, resolving them can take time. Please be patient.

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

Kamel et al. vs. Albertsons Companies Inc.
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

Your Request for Exclusion from the Settlement must: (a) identify the case name; (b) identify the name, address, and telephone number of the Settlement Class Member; (c) identify the telephone number at which the person received a prerecorded voice message from Defendant; (d) be personally signed by the Settlement Class Member requesting exclusion; and (e) contain a statement that indicates a desire to be excluded from the Settlement Class in the Action, such as: “I hereby request that I be excluded from the proposed Settlement Class.”

Your Request for Exclusion must be postmarked no later than September 10, 2025. You cannot ask to be excluded on the phone, by email, or here.

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

No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.

Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against Defendant or the Released Parties 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 is available in the Documents section of the Settlement Website. 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 at no charge to you, 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.

No. You will not get a Class Settlement Payment from the Gross Settlement Fund if you exclude yourself from the Settlement.

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

Michael Eisenband, Esq.
Eisenband Law, P.A.
515 E Las Olas Blvd. Suite 120
Fort Lauderdale, Florida 33301

Manuel S. Hiraldo, Esq. 
Hiraldo P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, Florida 33301

Anthony Paronich, Esq.
Paronich Law, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043

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.

Class Counsel intends to request up to 40% of the Settlement Fund for Attorneys’ Fees and Expenses  up to or $2,380,000 for fees. Counsel for the Plaintiffs may also apply for reimbursement of expenses up to $17,500. The fees and expenses awarded by the Court will be paid out of the Gross Settlement Fund. The Court will decide the amount of fees and expenses to award.

Class Counsel will also request a Service Award of up to $5,000 for each Plaintiff for their service as Class Representative on behalf of the whole Settlement Class. Any Service Award will be paid out of the Gross Settlement Fund.

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. the name of the Action;
2. the objector’s full name, address, and telephone number;
3. an explanation of the basis on which the objector claims to be a Settlement Class Member;
4. all grounds for the objection, accompanied by any legal support for the objection known to the objector or his counsel;
5. the number of times in which the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such an objection, and a copy of any orders related to or ruling on the objector’s prior such objections that were issued by the trial and appellate courts in each listed case;
6. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application;
7. a copy of any orders related to or ruling on counsel’s or the counsel’s law firm’s prior objections made by individuals or organizations represented by that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding 5 years the objector’s counsel;
8. any and all agreements that relate to the objection or the process of objecting—whether written or oral—between objector or objector’s counsel and any other person or entity;
9. the identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing;
10. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing;
11. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and
12. the objector’s signature (an attorney’s signature is not sufficient).

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 September 10, 2025.

Any Settlement Class Member who files and serves a written objection in accordance with this Section may appear, in person or by counsel, at the Final Approval Hearing held by the Court, to show cause why the Settlement should not be approved as fair, adequate, and reasonable, but only if the objecting Settlement Class Member: (a) files with the Court a notice of intention to appear at the Final Approval Hearing by the Objection Deadline (“Notice of Intention to Appear”); and (b) serves the Notice of Intention to Appear on Class Counsel and Counsel for Defendant by the Objection Deadline.

The Notice of Intention to Appear must include:

1. the case name and number;
2. the Settlement Class Member’s name, address, telephone number, and signature, and, if represented by counsel, their contact information;
3. the telephone number where he or she received a prerecorded voice message from Defendant; and
4. copies of any papers, exhibits, or other evidence that the objecting Settlement Class Member will present to the Court in connection with the Final Approval Hearing.

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.

The Court has scheduled a Final Approval Hearing on October 03, 2025 at 3:45 p.m. ET in Virtual Courtroom. The Final Approval Hearing may be moved to a different date or time without additional notice, so it is a good idea to check this Settlement Website for updates. At this Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for Attorneys’ Fees and Expenses and for a Service Award to each Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

No. Class Counsel will answer any questions the Court may have. But you are welcome to attend the Final Approval 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 Final Approval Hearing, but it is not necessary.

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 above).

You cannot speak at the Final Approval Hearing if you exclude yourself from the Settlement.

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.

This Settlement Website summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement. To update your contact information click here or for a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement. You may also write with questions to the Administrator at Kamel et al. vs. Albertsons Companies Inc, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391 or call the toll-free telephone number, (833) 890-4771.