Frequently Asked Questions

The Court authorized the notice because you have a right to know about a proposed Settlement of a class action lawsuit. You have legal rights and options that you may exercise before the Court decides whether to give final approval to the Settlement, as described below. Judge Lynn T. Ingram of the Chancery Court for the Twentieth Judicial District, Davidson County, Tennessee is overseeing this class action. The lawsuit is called Puckett v. Western Express, Inc., Case. No 25C1496.

Plaintiff Puckett claims that Western Express violated the Federal Telephone Consumer Protection Act (TCPA) when they sent pre-recorded calls to cellular telephones allegedly without consent. Western Express denies these allegations.

In a class action, one or more people called “class representatives” (in this case, Javarius Puckett) sue on behalf of a group of people who may have similar claims. The people together are a “class” or “class members.” The individual who sues—and all the class members like them—is called the plaintiff. The company that they sue (in this case, Western Express) is called the Defendant. In a class action, the Court resolves the issues for all class members, except for those who exclude themselves from the class.

The Court decided that this lawsuit can be a class action because it meets the requirements of Tennessee Rule of Civil Procedure 23.01, which governs class actions in Tennessee courts.

The Court has not found in favor of Plaintiff or Western Express. Instead, the parties 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, Class Members will receive the benefits described in this notice. Western Express denies all legal claims in this case, but is settling to avoid the uncertainties and costs attendant with litigation. Plaintiff and his lawyers think the proposed Settlement is best for everyone who is affected. You need to determine whether you are affected by this lawsuit.

The Settlement includes the following class that the Court certified the following class from May 28, 2020 through date of September 19, 2025: All persons: “all persons (1) whose telephone numbers were assigned to a cellular telephone, (2) who were sent at least one pre-recorded call, (3) despite not providing their telephone number to Western Express or any of its vendors, and (4) their cellular telephone number had been reassigned from another person who did provide that same cellular telephone number to Western Express or any of its vendors The parties agree that the class size will not exceed 14,697.

You may be part of the class if you received a pre-recorded call from Western Express and:

• Your phone number appeared in calling records obtained for this case, in which case you may have received a postcard from the settlement administrator.
• Even if you did not get a postcard, you may still be part of the class if your cell phone number appears in the calling records obtained for this case. 

If you are still not sure whether you are included, you can call the Puckett v. Western Express, Inc. Settlement Administrator at (833) 630-8403. Or you can get free help by calling the lawyers in this case at the phone numbers listed in question 24.

Western Express has agreed to pay Approved Claims up to $120 per person, to be reduced pro rata such that the total Approved Claims, Administrative Expenses, Attorney’s Fees, and Service Awards do not exceed the Settlement Cap of $2,718,945. Only one claim per Class Member will be validated and deemed an Approved Claim. There may be tax consequences to the Class Member associated with this recovery.

If you qualify for a cash payment you must complete and submit a valid Claim Form. You can file your Claim Form online or send it by U.S. Mail to the address below. The deadline to file a Claim online or by email is 11:59 p.m. CT on December 15, 2025.

Claim Forms submitted by mail must be postmarked on or before December 15, 2025 to:

Western Express TCPA Settlement

c/o Kroll Settlement Administration

PO Box 225391

New York, NY 10150-5391

No matter which method you choose to file your Claim Form, please read the Claim Form carefully and provide all the information required.

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

If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Western Express 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 Class.

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

Western Express TCPA Settlement

c/o Kroll Settlement Administration

PO Box 225391

New York, NY 10150-5391

Your request to be excluded from the Settlement must be personally signed by you, be dated, include your full name, address, and the telephone number that allegedly received calls from Western Express during the Class Period, and must clearly state that the Person wishes to be excluded from the Litigation and the Agreement. Absent excluding yourself or “opting-out” you are otherwise a member of the Class.

Your exclusion request must be postmarked no later than December 15, 2025. You cannot ask to be excluded on the phone, by email, or at this website. Opt outs must be made individually and cannot be made on behalf of other members of the Class.

No. Unless you exclude yourself, you give up the right to sue Western Express or any of the Released Parties for the claims that the Settlement resolves. You must exclude yourself from this Settlement to pursue your own lawsuit.

Unless you opt-out of the Settlement, you cannot sue or be part of any other lawsuit against Western Express or any of 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 here. The Settlement Agreement provides more detail regarding the Release and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully.

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

The Court has appointed Paronich Law, Stranch, Jennings & Garvey, PLLC Strauss Borrelli PLLC, to represent the Class. They are called “class counsel.” They are experienced in handling similar class action cases.

You are not required to hire your own lawyer because class counsel is working on your behalf. If you want to hire your own lawyer, you certainly can, but you will have to pay that lawyer yourself. If you do hire your own lawyer, they may enter an appearance for you and represent you individually in this case.

You do not have to pay class counsel, or anyone else, to participate. Instead, Class Counsel intends to request attorneys’ fees in an amount not to exceed $906,315.00, plus reimbursement of out-of-pocket expenses incurred in the litigation of $30,000. The fees and expenses awarded by the Court will be paid by the Settlement amount before making payments to Class Members who submit a valid Claim Form. The Court will decide the amount of fees and expenses to award.

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

1. A caption or title that identifies it as “Objection to Class Settlement in Puckett v. Western Express, Inc. Case No. 25C1496”
2. Your name, address, email address, and telephone number;
3. The name, address, email address, and telephone number of any attorney for you with respect to the objection;
4. The factual basis and legal grounds for the objection, including any documents sufficient to establish the basis for your standing as a Class Member, including the phone number(s) at which you received call(s) covered by this Settlement;
5. Identification of the case name, case number, and court for any prior class action lawsuit in which you and/or your attorney (if applicable) has objected to a proposed class action settlement; and
6. Submit yourself immediately to discovery and/or deposition by the parties.

If you wish to object, you must file your objection with the Court by (a) using the Court’s electronic filing system, (b) mailing it to the Clerk’s Office for the Twentieth Judicial District in Davidson County, Tennessee, 1 Public Square, Suite 302, Nashville, TN 3720 or (c) filing it in person at that location. Your objection must be filed and/or postmarked by December 15, 2025.

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 will hold a hearing to decide whether to approve the Settlement and any requests for attorneys’ fees and expenses (“Final Approval Hearing”). The Court has not yet scheduled a Final Approval Hearing. The hearing may be moved to a different date or time, or may be set for remote appearances, without additional mailed notice, so it is a good idea to check this website for updates. At this 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. 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. You are welcome to attend the hearing at your own expense.

If you attend the Final Approval Hearing, you may ask the Court for permission to speak if you have timely objected and you so choose. However, you cannot speak at the hearing if you exclude yourself from the Settlement.

If you are a member of the Class 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.

For more information, call the Settlement Administrator at (833) 630-8403, write to the Settlement Administrator, via the contact us page, or call Class Counsel at 617-485-0018. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.