West Corporation Settlement

If you have participated in the West Corporation Employee 401(k) Retirement Plan, or have been a beneficiary of the Plan, a proposed class action settlement of a lawsuit may affect your rights.



A court authorized this notice. It is not junk mail, an advertisement, or a solicitation from a lawyer.


Your legal rights are affected even if you do nothing. Please read the Notice carefully.


All persons who participated in the West Corporation’s 401(k) Retirement Plan (“Plan”) at any time between May 7, 2013 through July 12, 2022 (“Class Period”), including any beneficiary of a deceased person who participated in the Plan at any time during the Class Period, and/or Alternate Payee, in the case of a person subject to a Qualified Domestic Relations Order who participated in the Plan at any time during the Class Period, except for past and present members of the Plan Committee.


PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY


• The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain Plan participants, alleging that West Corporation and the Retirement Committee of West Corporation Employee 401(k) Retirement Plan (“Defendants”) violated the Employee Retirement Income Security Act of 1974 (“ERISA”) based on Defendants’ management, operation, and administration of the Plan. Defendants deny any and all claims and allegations of wrongdoing, and nothing in the Settlement is an admission or concession on Defendants’ part of any fault or liability whatsoever.

• The Settlement will provide, among other things, for an $875,000 gross Qualified Settlement Fund that will be allocated to eligible Class Members after payment of any Court-approved deductions for Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative Compensation. Class Members with one or more accounts with a positive balance in the Plan at the time the settlement monies are to be distributed to Class Members (referred to herein as “Current Participants”) will automatically receive allocations directly to their 401(k) accounts so long as they maintain a positive balance through the time Settlement monies are distributed. As explained further under Question 4 below, Class Members who do not have an account with a positive balance in the Plan at the time the settlement monies are to be distributed to Class Members (referred to herein as “Former Participants”) will receive payments (by check) if the Settlement Administrator determines that they are due $10 (ten dollars) or more. You may be subject to state and/or federal taxes on your settlement payments, including income taxes and payroll taxes, as well as other regular deductions. You are responsible for all taxes that may be due on your settlement payments and you should consult with your own accountants or other tax professionals to determine what, if any, taxes may be owed.

• The terms and conditions of the Settlement are set forth in the Settlement Agreement dated June 17, 2022. Capitalized terms used but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at www.RampeyLitigation.com. Certain other documents related to the case also will be posted on that website. You should visit that website if you would like more information about the Settlement or the lawsuit, including important case documents. All papers filed in this lawsuit are also available via the Public Access to Court Electronic Records System (PACER), at http://www.pacer.gov, and may also be reviewed in person, as allowed by the Court, during regular business hours at the Office of the Clerk of the United States District Court for the Southern District of Alabama, 155 Saint Joseph Street, Mobile, Alabama, 36602.

• Your rights and the choices available to you — and the applicable deadlines to act — are explained in this Settlement Notice. Please note that neither Defendants nor any employees or representatives of Defendants may advise you as to what the best choice is for you or how you should proceed.

• The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court approves the Settlement and that final approval is upheld in the event of any appeal.

• A Fairness Hearing will take place on November 9, 2022 at 9:30 am before the Honorable Jeffrey U. Beaverstock at the United States District Courthouse, 155 Saint Joseph Street, Mobile, Alabama, 36602 in Courtroom 4A, to determine whether to grant final approval of the Settlement and approve the requested Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative’s Compensation. The date and time of the Fairness Hearing are subject to change by Court Order, but any changes will be posted at www.RampeyLitigation.com. If you intend to speak at the Fairness Hearing, you must mail a notice of intent to appear to Class Counsel, Defendants’ Counsel, and the Clerk of Court, 155 Saint Joseph Street, Mobile, Alabama, 36602, at least 30 days before the Fairness Hearing.

• Any objections to the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative’s Compensation, along with any supporting documents, must be mailed to Class Counsel and Defendants’ Counsel, as identified under Question 11 of this Settlement Notice. Objections must also be sent to the Clerk of Court at the following address: 155 Saint Joseph Street, Mobile, Alabama, 36602. Any objection must be received at least 30 days before the Fairness Hearing.


YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT
YOU CAN OBJECT ON OR BEFORE OCTOBER 10, 2022 If you wish to object to any part of the Settlement, or to the request Attorneys’ Fees and Costs, Administrative Expenses, or Class Representatives’ Compensation, you must mail and objection with any supporting documents to Class Counsel and Defendants’ Counsel (as identified under Question 11 below, as well as to the Clerk of the Court.
YOU CAN ATTEND A HEARING ON NOVEMBER 9, 2022 You may also attend the Fairness Hearing and speak at the Fairness Hearing on November 9, 2022. You may attend the hearing without filing a notice of your intention to appear, but you will not be permitted to make an objection if you do not comply with the requirements for making objections. If you intend to speak at the Fairness Hearing, you must mail a notice of intent to appear to Class Counsel, Defendants’ Counsel, and the Clerk of Court, at least 30 days before the Fairness Hearing.
• Your rights and options under the Settlement – and the deadlines to exercise them – are explained below.

• The Court presiding over this case still has to decide whether to approve the Settlement. If it does, and after any appeals are resolved, payments will be distributed to those who qualify.

The Class Action

The case is called Rampey v. West Corporation, Case No. 1:19-cv-00220-JB-B (S.D. Ala.) (the “Class Action” or “lawsuit”). It has been pending since May 6, 2019. The Court supervising the case is the United States District Court for the Southern District of Alabama. The Plaintiffs (the individuals who brought this lawsuit) are called the Class Representatives, and the entities they have sued are called Defendants. The Class Representatives, Courtless Rampey and Bridget Cunningham, are former Plan participants. The Defendants are West Corporation and Retirement Committee of West Corporation Employee 401(k) Retirement Plan. The Class Representatives’ claims are described below, and additional information about those claims is available at www.RampeyLitigation.com.

Statement of Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation Sought in the Class Action

Class Counsel has devoted many hours to investigating the facts, prosecuting the lawsuit, reviewing documents obtained from Defendants and third parties, and negotiating the Settlement. They also have advanced all costs necessary to pursue the case, and have not been paid for any of their time while this case has been pending.

Class Counsel will apply to the Court for payment of Attorneys’ Fees for their work in the case. The amount of fees that Class Counsel will request will not exceed 33% of the Qualified Settlement Fund ($290,000 (two hundred ninety thousand dollars). In addition, Class Counsel will also seek to recover their costs and the administrative expenses associated with the settlement, up to $50,000 (fifty thousand dollars). Any Attorneys’ Fees and Costs and Administrative Expenses awarded by the Court will be paid from the Qualified Settlement Fund.

Class Counsel also will ask the Court to approve payments, not to exceed $5,000 (five thousand dollars), for the Class Representatives who took on the risk of litigation and committed to spend the time necessary to bring the case to conclusion. Any Class Representatives Compensation awarded by the Court also will be paid from the Qualified Settlement Fund.

A full and formal application for Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation will be filed with the Court on or before September 25, 2022. This application will be made available at www.RampeyLitigation.com. You may also obtain a copy of this application through the Public Access to Court Electronic Records System (PACER) at http://www.pacer.gov.