FREQUENTLY ASKED QUESTIONS

WHY IS THIS NOTICE AVAILABLE?

The Court authorized notice because Settlement Class Members have a right to know about the proposed Settlement and their rights and options before the Court decides whether to grant final approval. The Honorable Rebecca L. Pennell of the United States District Court for the Eastern District of Washington is overseeing this lawsuit.
 

WHAT IS THIS LAWSUIT ABOUT?

Heather Miller alleges that she and other Washington residents with Washington-area-code cellular telephone numbers received one or more commercial text messages from Davison even though they had not signed up for those messages. The lawsuit alleges that the messages violated Washington’s Commercial Electronic Mail Act, RCW 19.190.060, which prohibits certain commercial text messages unless the recipient clearly and affirmatively consented in advance.
 

Davison denies these allegations, denies liability, and contends that it made a good-faith effort to comply with applicable law.

WHY IS THIS A CLASS ACTION?

In a class action, one or more people called “Class Representatives” sue on behalf of people who have similar claims. Together, those people are called a “Class” or “Class Members.” The Court resolves the issues for all Class Members except those who properly exclude themselves from the Class.

WHY IS THERE A SETTLEMENT?

The Court has not decided whether the Class Representative or Davison is correct. The parties agreed to settle to avoid the risks, costs, and delay of continued litigation, trial, and possible appeals. Class Counsel and the Class Representative believe the Settlement is in the best interests of the Settlement Class.

HOW DO I KNOW IF I AM INCLUDED?

You are a Settlement Class Member if you fall within the following definition approved by the Court:

All Washington residents who (1) did not sign up for Defendant’s text messages, but (2) Defendant texted, (3) at a Washington-area-code cellular number, (4) after the number was last disconnected and reassigned. Signups and text messages must have occurred between November 15, 2021 to December 10, 2025. The last disconnection date is determined using the Reassigned Number Database (“RND”), using the version last updated as of February 16, 2026.

You may have received a text message or postcard identifying you as a potential Settlement Class Member. Even if you did not receive notice, you may still be included if your telephone number appears in Davison’s records. For additional assistance, use the Contact page.

WHAT DOES THE SETTLEMENT PROVIDE?

Davison has agreed to create a $30,000.00 Settlement Fund. The fund will be used to pay Court-approved attorneys’ fees and costs, settlement administration expenses, and cash payments to Settlement Class Members who submit timely and valid Claim Forms.

The amount of each payment cannot be determined until after the claim deadline. The payment amount will depend on the number of timely and valid claims and the deductions approved by the Court. No payments will be issued unless the Court approves the Settlement and the Settlement becomes final.

HOW CAN I GET A PAYMENT?

You must submit a timely and valid Claim Form. You may submit a Claim Form online through the “Submit a Claim” page by October 13, 2026, or mail a completed Claim Form to the Settlement Administrator postmarked by October 13, 2026 to: Miller v. Davison Design & Dev., c/o Class Experts Group, LLC, P.O. Box 995, Mequon, WI 53092. Do not submit both an online and paper claim. Submitting more than one Claim Form will not result in more than one payment.

WHAT IF MY CONTACT INFORMATION CHANGES?

If your mailing address or email address changes after you submit a Claim Form, you are responsible for providing updated information to the Settlement Administrator. Submit the update through the Contact page or write to the Settlement Administrator at the address shown above.

WHEN WILL I RECEIVE MY PAYMENT?

Payments will be issued only if the Court grants final approval and the Settlement becomes final. Appeals or other proceedings may delay payment. Please check this website for updates.

WHAT RIGHTS AM I GIVING UP?

Unless you exclude yourself, you will remain in the Settlement Class and will be bound by the Settlement, the Court’s orders, and any final judgment. You will give up the right to sue, continue to sue, or participate in another lawsuit against the Released Parties concerning the Released Claims.

The Settlement Agreement contains the complete release language and is available on the Settlement Documents page. You may contact Class Counsel at no charge with questions about the release, or consult your own lawyer at your own expense.

WHAT HAPPENS IF I DO NOTHING?

If you do nothing, you will not receive a cash payment. If you are a Settlement Class Member, you will nevertheless remain in the Settlement Class, be bound by the Settlement, and release the claims covered by the Settlement.

HOW CAN I EXCLUDE MYSELF FROM THE SETTLEMENT?

To exclude yourself, you must mail a written request stating that you want to be excluded from Miller v. Davison Design & Development, Inc., Civil Action No. 2:25-cv-459. Your request must include:

1. Your full name and address;

2. The telephone number or numbers that received the text messages at issue;

3. A clear statement that you want to be excluded from the Settlement; and

4. Your signature.

Mail the request, postmarked by September 13, 2026, to:

Miller v. Davison Design & Development, Inc.
c/o Class Experts Group, LLC
P.O. Box 995
Mequon, WI  53092

You cannot exclude yourself by telephone or email. Mass or class exclusion requests are not permitted unless each individual Settlement Class Member personally signs the request.

IF I EXCLUDE MYSELF, CAN I STILL RECEIVE A PAYMENT?

No. If you exclude yourself, you will receive no payment from the Settlement, but you will not be bound by the Settlement or the released claims.

IF I DO NOT EXCLUDE MYSELF, CAN I SUE DAVISON LATER ABOUT THE SAME CLAIMS?

No. Unless you exclude yourself, you give up the right to sue the Released Parties concerning the claims resolved by the Settlement. If you have a pending lawsuit involving these issues, speak with your lawyer immediately.

HOW CAN I OBJECT TO THE SETTLEMENT?

You may object only if you remain in the Settlement Class. To object, you must file a written objection with the Court and mail copies to Class Counsel and Defendant’s Counsel by the deadline September 13, 2026. Your objection must include all required information, including your contact information, the grounds for your objection, information regarding prior class-action objections by you and your counsel, any witnesses you intend to call, and your signature. Full objection instructions appear in the Long-Form Notice available on the Settlement Documents page.

WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING MYSELF?

Objecting means that you remain in the Settlement Class but tell the Court why you disagree with the Settlement or the requested fees and costs. Excluding yourself means that you leave the Settlement Class, receive no payment, keep any individual claims you may have, and cannot object to the Settlement.

DO I HAVE A LAWYER IN THIS CASE?

Yes. The Court appointed The HQ Firm, P.C. as Class Counsel to represent the Settlement Class. You will not be charged directly for Class Counsel’s services. You may hire your own lawyer at your own expense.

HOW WILL CLASS COUNSEL BE PAID?

Class Counsel will ask the Court to award attorneys’ fees equal to 33% of the Settlement Fund, including litigation costs. Any award will be paid from the Settlement Fund and must be approved by the Court. The motion for attorneys’ fees and costs will be posted on the Settlement Documents page after it is filed.

WHEN & WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

The Court will hold a Final Approval Hearing on November 17, 2026, before the Honorable Rebecca L. Pennell at the United States District Court for the Eastern District of Washington, Thomas S. Foley U.S. Courthouse, 920 West Riverside Avenue, Spokane, Washington 99201.

The hearing date, time, location, or format may change without additional mailed notice. Check this website before the hearing for current information. At the hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and whether to approve Class Counsel’s request for attorneys’ fees and costs.

DO I NEED TO ATTEND THE FINAL APPROVAL HEARING?

No. Class Counsel will appear on behalf of the Settlement Class. You may attend personally or through your own lawyer at your own expense, subject to the Court’s rules and any requirements stated in the Long-Form Notice.

WHAT HAPPENS IF THE COURT DOES NOT APPROVE THE SETTLEMENT?

If the Court does not approve the Settlement, if approval is reversed on appeal, or if the Settlement does not become final for another reason, no Settlement benefits will be distributed and the lawsuit will continue, subject to further Court proceedings.

WHERE CAN I GET MORE INFORMATION?

This website and the Long-Form Notice summarize the proposed Settlement. The Settlement Agreement and other important case documents are available on the Settlement Documents page.

You may also contact the Settlement Administrator via the Contact page.

You may contact Class Counsel at 385-440-4100.

PLEASE DO NOT CONTACT THE COURT OR THE COURT CLERK REGARDING THIS NOTICE. THEY CANNOT ANSWER QUESTIONS OR GIVE LEGAL ADVICE.