1. Why is there a Notice?
A court authorized this Notice because you have a right to know about a proposed Settlement of a class action lawsuit known as
Tysen Hansen v. ASP Aesthetics LP in the Judicial Circuit Court of the Eighteenth Judicial Circuit in and for DuPage County, Illinois,
and about all of your options before the Court decides whether to give Final Approval to the Settlement.
This Notice explains the lawsuit, the Settlement, and your legal rights.
Hon. Louis B. Aranda a Judge of the Eighteenth Judicial Circuit in and for DuPage County, Illinois is overseeing this case.
The person who sued, Plaintiff Tysen Hansen is called the “Plaintiff.” ASP Aesthetics LP is called the “Defendant.”
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2. What is this litigation about?
The lawsuit alleges that Defendant sent text messages to Plaintiff’s cellular telephone number after Plaintiff asked Defendant to
stop doing so in violation of the TCPA, and seeks actual and statutory damages under the TCPA on behalf of the named Plaintiff and a
class of all individuals in the United States.
Defendant denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the
litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.
The Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted on this Settlement Website.
The Settlement resolves the lawsuit. The Court has not decided who is right.
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3. What is the TCPA?
The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts the use of
marketing related text message calls without prior express consent.
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4. Why is this a class action?
In a class action, one person called the “Class Representative” (in this case, Plaintiff) sues on behalf
of themselves and other people with similar claims.
All of the people who have claims similar to the Plaintiff are Settlement Class Members, except for those who exclude themselves from the class, among others.
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5. Why is there a settlement?
The Court has not found in favor of either Plaintiff or Defendant. Instead, both sides 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, Settlement Class
Claimants will receive the benefits described in this Settlement Website. Defendant denies all legal claims in this case. Plaintiff
and their lawyers think the proposed Settlement is best for everyone who is affected.
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6. Who is included in the Settlement?
The Settlement includes all persons who received text messages on their cellular telephone from Defendant after having first asked Defendant to stop sending them text messages. Specifically, the Settlement Class is defined as:
All persons within the United States who, during the Class Period, (1) made a request to Defendant to not receive future text messages,
(2) were sent a text message from Defendant or anyone on Defendant’s behalf, (3) to said person’s cellular telephone number,
(4) regarding Defendant’s goods, products or services.
The Settlement Class excludes the following: (1) the trial judge presiding over this case; (2) Defendant, as well as any parent,
subsidiary, affiliate, or control person of Defendant, and the officers, directors, agents, servants, or employees of Defendant;
(3) any of the Released Parties; (4) the immediate family of any such person(s); and (5) any Settlement Class Member who has
timely opted out of this proceeding.
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7. What if I am not sure whether I am included in the Settlement?
If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement call the toll-free number,
(888) 542-0068. You also may send questions to the Settlement Administrator at Hansen v. ASP Aesthetics LP c/o Settlement Administrator,
P.O. Box 16, West Point, PA 19486.
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8. What does the Settlement provide?
To fully settle and release claims of the Settlement Class Members, Defendant has agreed to pay up to $1,319,450 (the “Settlement Fund”).
The Settlement Fund will also be used to pay for Notice and Administration Costs of the Settlement, attorneys’ fees and expenses incurred by
counsel for the Settlement Class, and a Service Award for Plaintiff. Each Settlement Class Member who submits a timely, valid, correct and
verified Claim Form by the Claim Deadline in the manner required by the Settlement Agreement, making all the required affirmations and
representations, shall be sent a Claim Settlement Check by the Settlement Administrator from the Settlement Fund for up to $55 (for every
text message they received after they had first requested the text messages to stop – for up to ten text messages based on the Settlement
Class Data) after all attorneys’ fees and expenses, all Notice and Administration Costs, and any Service Award have been paid. Class Claimants
will be sent their Claim Settlement Payments to the address they submitted on their Claim Form within 60 days following the Effective Date.
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9. How do I file a Claim?
If you qualify for a payment, you must complete and submit a valid Claim Form. You may download a Claim Form here,
or request a Claim Form by calling the Settlement Administrator at the toll-free number below. To be valid, a Claim Form must be completed
fully and accurately and submitted timely. One claim is allowed per Settlement Class Member.
You must submit a Claim Form by U.S. mail or through the Settlement Website, and it must be postmarked by June 11, 2026.
Please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.
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10. When will I receive my check?
Payments in the form of a check to Settlement 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.
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If you do not want benefits from the Settlement, and you want to keep the right to sue or continue to sue Defendant
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 Settlement Class.
11. How do I get out of the Settlement?
To exclude yourself from the Settlement, you must send a timely letter by mail to:
Hansen v. ASP Aesthetics LP
c/o Settlement Administrator
P.O. Box 16
West Point, PA 19486
Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a
statement that indicates your desire to be “excluded from the Settlement Class” and that, absent of excluding yourself or
“opting out,” you are “otherwise a member of the Settlement Class.”
Your exclusion request must be postmarked no later than May 1, 2026. You cannot ask to be excluded on the phone, by email, or at the Settlement Website.
You may opt-out of the Settlement Class only for yourself.
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12. If I do not exclude myself, can I sue Defendant for the same thing later?
No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that the Settlement resolves.
You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.
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13. What am I giving up to stay in the Settlement Class?
Unless you opt-out of the Settlement, you cannot sue or be part of any other lawsuit against Defendant or 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 Releases and describes the
Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully.
You can talk to the law firms representing the Settlement Class listed in Question 15 at no charge to you,
or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.
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14. If I exclude myself, can I still get a payment?
No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.
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15. Do I have a lawyer in the case?
The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.
Michael Eisenband, Esq.
Eisenband Law, P.A.
515 E Las Olas Blvd. Suite 1301
Fort Lauderdale, Florida 33301
Manuel S. Hiraldo, Esq.
Hiraldo P.A.
101 NE 3rd Avenue, Suite 1500
Fort Lauderdale, Florida 33301
You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in court for you at your own expense.
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16. How will the lawyers be paid?
Class Counsel intend to request up to 33% of the Settlement Fund for attorneys’ fees and 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.
Class Counsel will also request a Service Award of up to $5,000 for Plaintiff for his service as Class Representative on behalf of
the whole Settlement Class. Any Service Award will be paid out of the Settlement Fund.
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17. How do I tell the Court if I do not like the Settlement?
If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement.
To object, you must timely submit a letter that includes the following:
1) A heading that includes the case name and case number—Hansen v. ASP Aesthetics LP – Case Number 2025LA001594;
2) Your name, address, telephone number, the cell phone number at which you received text messages from Defendant and
if represented by counsel, the name, bar number, address, and telephone number of your counsel;
3) A signed statement stating, under penalty of perjury, that you received one or more text messages from Defendant
and are a member of the Settlement Class;
4) A statement of all your objections to the Settlement including your legal and factual basis for each objection;
5) A statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel,
and if with counsel, the name of your counsel who will attend;
6) The number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement
within the five years preceding the date that you file the objection, the caption of each case in which counsel or the
firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior
objections that were issued by the trial and appellate courts in each listed case;
7) A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and
8) Any and all agreements that relate to the objection or the process of objecting—whether written or
verbal—between you or your counsel and any other person or entity.
If you wish to object, you must file your objection with the Court (using the Court’s electronic filing system or in any manner in which the Court
accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by May 1, 2026.
| Clerk of the Court |
Class Counsel |
Defendant’s Counsel |
DuPage County Clerk
P.O. Box 1028
Wheaton, IL 60187
|
Manuel S. Hiraldo, Esq.
Hiraldo, PA
101 NE 3rd Avenue, Suite 1500
Fort Lauderdale, FL 33301
|
Samantha L. Southall, Esq.
Buchanan Ingersoll & Rooney PC
50 S. 16th Street, Suite 3200
Philadelphia, PA 19102
|
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18. What is the difference between objecting and asking to be excluded?
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.
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The Court will hold a hearing to decide whether to approve the Settlement and any requests for fees and expenses (“Final Approval Hearing”).
19. When and where will the Court decide whether to approve the Settlement?
The Court has scheduled a Final Approval Hearing on May 27, 2026 at 9:30 a.m. CDT in Courtroom 2016 of the Eighteenth Judicial
Circuit Court of DuPage County, 505 N. County Farm Road, Wheaton, IL 60187 or by remote means as ordered by the Court.
The hearing may be moved to a different date or time without additional 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’ fees and expenses and for a Service Award to the Plaintiff.
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.
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20. Do I have to attend the hearing?
No. Class Counsel will answer any questions the Court may have. But you are welcome to attend the hearing at your own expense.
If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on
time to the proper addresses and it complies with all the other requirements set forth above, the Court will consider it. You may
also pay your own lawyer to attend the hearing, but it is not necessary.
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21. May I speak at the hearing?
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, your timely filed objection must
include a statement of whether you intend to appear at the Final Approval Hearing (see Question 17 above).
You cannot speak at the hearing if you exclude yourself from the Settlement.
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22. What happens if I do nothing at all?
If you are a Settlement Class Member 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.
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23. How do I get more information?
This Notice summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement.
For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement here. You also may
write with questions to the Settlement Administrator at Hansen v. ASP Aesthetics, P.O. Box 16, West Point, PA 19468 or
call the toll-free number, (888) 542-0068.
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