Frequently Asked Questions

The Court authorized a 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 Robert Watson of the Eleventh Judicial Circuit, Miami-Dade County, Florida is overseeing this class action. The lawsuit is called Balboa v. Motive Technologies, Inc., Case No. 2024-022690-CA-01.

Plaintiff Balboa claims that Motive Technologies violated the Federal Telephone Consumer Protection Act (TCPA) when they sent calls to cellular phones using prerecorded or artificial voice messages.  Motive Technologies denies these allegations. 

In a class action, one or more people called “class representatives” (in this case, Janssen Balboa) 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, Motive Technologies) 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 Florida Rule of Civil Procedure 1.220, which governs class actions in Florida state courts. 

The Court has not found in favor of Plaintiff or Motive Technologies.  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.  Motive Technologies denies all legal claims in this case but, is settling to avoid the uncertainties and costs attendant with litigation. Representative Plaintiff and Class Counsel think the proposed Settlement is best for everyone who is affected

The Settlement includes the following Class that the Court certified from November 26, 2020 through April 3, 2026: All persons in the United States who received one or more calls on their cellular telephone sent using a prerecorded or artificial voice message from or on behalf of Motive Technologies. For purposes of settlement, the parties estimate the class consists of approximately 414,374 individuals.

 
You may be part of the Class if you received a prerecorded or artificial voice message from Motive Technologies to your cellular phone and: 

• Your name and phone number appeared in calling records obtained for this case, in which case you may have received a Postcard Notice from the Settlement Administrator.
   
• Even if you did not get a Postcard Notice, you may still be part of the Class if your cell phone number appears in the calling records obtained for this case.  If you would like to check your cell phone number against the calling records, please call the Settlement Administrator at (833) 447-6934 and provide your name and cell phone number.

If you are still not sure whether you are included, you can call the Balboa v. Motive Technologies, Inc. Settlement Administrator at (833) 447-6934, or you can get free help by calling Class Counsel in this case at the phone numbers listed in FAQ 24.

Motive Technologies has agreed to establish a Settlement Fund with a total potential value of $21,408,700. The Settlement Fund will be used to pay all Settlement costs, including Settlement Administration Expenses, any attorneys’ fees, costs, and expenses awarded to Class Counsel by the Court, and all Approved Claims.  Each Member of the Class who submits an Approved Claim shall receive a Product Voucher redeemable for a fifty-dollar ($50.00) value from Motive Technologies’ website. Product Vouchers shall only be issued to Approved Claims.  Only one Claim Form per Class Member per telephone number 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 Product Voucher you must complete and submit a valid Claim Form. You can file your Claim Form via this Settlement website or send it by U.S. Mail to the address below. The deadline to file a Claim Form online or by mail is 11:59 p.m. EST on JULY 6, 2026.

Claim Forms submitted by mail must be postmarked on or before July 6, 2026 to:
 

Balboa v. Motive Technologies, Inc.
c/o Kroll Settlement Administration LLC
P.O. 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. 

Product Vouchers issued to Class Members will be made only after the Court grants final approval to the Settlement and after any appeals are resolved (see FAQ's 20 - 23). 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:
 

Balboa v. Motive Technologies, Inc.
c/o Kroll Settlement Administration LLC
P.O. 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 Motive Technologies 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 JULY 6, 2026. You cannot ask to be excluded on the phone, by email, or this Settlement 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 Motive Technologies 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 Motive Technologies 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 on the Documents page of this Settlement website. 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 receive a Product Voucher from the Settlement Fund if you exclude yourself from the Settlement.

The Court has appointed Avi Kaufman to represent the Class. He is called “Class Counsel”. His firm is experienced in handling similar class action cases. More information about this lawyer, the law firm, and their experience is available at https://kaufmanpa.com/.

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 three hundred thousand dollars ($300,000.00), plus reimbursement of out-of-pocket expenses incurred in the litigation.  The fees and expenses awarded by the Court will be paid out of the Settlement Fund.  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 Balboa v. Motive Technologies, Inc., Case No. 2024-022690-CA-01”;
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. Agreement to 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 Hon. Robert Watson of the Eleventh Judicial Circuit, Miami-Dade County, Florida, 175 NW 1st Ave., Miami, FL 33128, or (c) filing it in person at that location. 

Your objection must be filed and/or postmarked by July 6, 2026.

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 August 10, 2026 at 9:00 a.m. EST, in the Circuit Court of the Eleventh Judicial Circuit, Miami-Dade County, Florida, 175 NW 1st Ave, Miami, FL 33128. 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 Settlement 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’ Fee Award.  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 Form, 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) 447-6934, write to the Settlement Administrator at Balboa v. Motive Technologies, Inc., c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391, or call Class Counsel at (617) 485-0018. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement on the Documents page of this Settlement website.

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