How to Request Exclusion

If you are a member of the Settlement Class and you wish to keep your right to sue Ruby about the claims alleged and settled in this case , you must exclude yourself (“Opt-out” of the Settlement).

If you exclude yourself, then:

  • You will not get a Ruby Voucher from the Settlement;
  • You may not object to the Settlement.

What is the process for requesting exclusion from the Settlement?

In order to exclude yourself (“Opt-out”) from the Settlement Class and keep your individual rights, if any, to sue Ruby, you must either:

  • (C) send a written request that includes the following:
    • The full name of the Settlement Class Member, your full name and title (if submitting on behalf of an entity), current mailing address and telephone number;
    • A statement saying that you “want to be excluded from the Settlement Class in McKenzie Law Firm, P.A. et al. v. Ruby Receptionists, Inc., Civil Action No. 3:18-cv-01921-SI”;
    • State your Ruby Customer ID Number (if known); and
    • Be signed and dated by you.

To be valid, exclusion requests must be submitted online or mailed with a postmark on or before June 15, 2021. Mailed exclusion requests should be sent to:

Ruby Settlement Exclusions
c/o The Notice Company
P.O. Box 455
Hingham, MA 02043

No request for exclusion will be considered valid unless all of the information described above is included. No further opportunity to request exclusion will be given in this Lawsuit unless ordered by the Court.

If you choose to be excluded from the Settlement Class, then you are not:

  • entitled to a Ruby Voucher as described above;
  • bound by any judgment entered in the Lawsuit; and
  • precluded by the Settlement from otherwise prosecuting an individual claim against Ruby, if timely, based on the matters complained of in the Lawsuit.

Are you excluded from the Settlement if you previously excluded yourself from this Lawsuit?

Yes. If you previously previously opted out of this Lawsuit in response to the Notice of Pendency previously provided pursuant to the Court’s August 3, 2020 Order Regarding Notice, then:

  • You are automatically excluded from the Settlement and do not need to request to exclude yourself again;
  • You cannot “undo” your prior exclusion and opt in to the Class Settlement.

What Happens if you remain In the Settlement Class?

If you do not submit a complete and timely written request for exclusion, you will be included in the Settlement Class, you will have given up your right to sue Ruby on your own for the claims alleged and settled in this case and be bound by the terms of the Settlement, whether or not you filed an objection to the Settlement.

If you have any questions, you may contact the Claims Administrator or Class Counsel at the addresses listed here. You may also consult your own lawyer at your own expense. The Settlement Agreement is available online here.