Frequently Asked Questions

A Court authorized the Notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Johnson v. Human Power of N Company d/b/a HumanN, Case Number 2025-008533-CA-01 in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, and about all of your options before the Court decides whether to give Final Approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

Hon. Beatrice Butchko Sanchez a Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida is overseeing this case. The person who sued, Luke Johnson, is called the “Plaintiff.” Human Power of N Company d/b/a HumanN, is called the “Defendant”.
 

The Action alleges that Defendant sent a text message regarding Defendant’s good, products or services to Plaintiff’s residential telephone number after Plaintiff asked Defendant to stop doing so in alleged violation of the Telephone Consumer Protection Act and also the Florida Telephone Solicitation Act, and seeks actual and statutory damages under the TCPA and FTSA 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.
 

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. The Florida Telephone Solicitation Act (commonly referred to as the “FTSA”) is a state law that restricts the use of marketing related text message calls without prior express consent.

In a class action, one person called the “Class Representative” (in this case, Plaintiff) sue 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.
 

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 on this Settlement Website. Defendant denies all legal claims in this case. Plaintiff and his lawyers think the proposed Settlement is best for everyone who is affected.

The Settlement includes all persons who received a text message from Defendant on their residential 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, within the four years prior to July 8, 2024, (1) were sent a text message from Defendant Human Power of N Company (“HumanN” or “Defendant”), or anyone on Defendant’s behalf, (2) regarding Defendant’s goods, products or services, (3) to said person’s residential telephone number, (4) after making a request to Defendant to not receive future text messages.

Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as a “Settlement Class Member.”

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); (5) any Settlement Class Member who has timely opted out of this proceeding; and (6) Plaintiff’s Counsel, their employees, and their immediate family.
 

If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, check this Settlement Website or call the toll-free telephone number, (833) 420-3843. 

You also may send questions to the Administrator Luke Johnson v. Human Power of N, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391.

To fully settle and release claims of the Settlement Class Members, Defendant has agreed to make $796,400 (the “Settlement Fund”) available for Claims by the Settlement Class Members. Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall elect either a Claim Settlement Voucher for $55 worth of Defendant’s products (to be redeemed through Defendant’s website) per text message received, or a Claim Settlement Check by the Administrator for $25 per text message they received during the Class Period from the Settlement Fund. In addition, Defendant shall pay the Notice and Administration Costs associated with this Settlement (anticipated not to exceed $50,000), as well as Attorney’s Fees and Costs (not to exceed $267,000) and a Service Award (of $7,500). Settlement Class Claimants will be sent their Claim Settlement Payments to the address they submitted on their Claim Form within sixty (60) days following the Effective Date.

If you qualify for a payment, you must complete and submit a valid Claim Form. You may download a Claim Form from the Documents section of this Settlement Website or request a Claim Form by calling the Administrator at the toll-free telephone 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 here, and it must be postmarked by July 17, 2025.

Please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.

Payments in the form of a Claim Settlement Check or Claim Settlement Voucher to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see FAQ no. 19 “Final Approval Hearing” below). If there are appeals, resolving them can take time. Please be patient.

To exclude yourself from the Settlement, you must send a timely letter or Request for Exclusion by mail to:

Luke Johnson v. Human Power of N
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

Your Request for Exclusion to be excluded from the Settlement must: (a) identify the case name; (b) identify the name, address, and telephone number of the Settlement Class Member; (c) identify the telephone number at which the person received a prerecorded voice message from Defendant; (d) be personally signed by the Settlement Class Member requesting exclusion; and (e) contain a statement that indicates a desire to be excluded from the Settlement Class in the Action, such as: “I hereby request that I be excluded from the proposed Settlement Class.”

Your Request for Exclusion must be postmarked no later than July 17, 2025. 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.
 

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.

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 in the Documents section of this Settlement Website. 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.
 

No. You will not get a payment from the Gross Settlement Fund if you exclude yourself from the Settlement.

The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.

Rachel Dapeer, Esq.
Dapeer Law, P.A.
520 S. Dixie Hwy, Ste. 240
Hallandale Beach, Florida 33009
 

Manuel S. Hiraldo, Esq. 
Hiraldo P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft.  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.

Class Counsel intend to request up to $267,000 for Attorneys’ Fees and reasonable, actual out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid out by the Defendant. The Court will decide the amount of fees and expenses to award.

Class Counsel will also request a Service Award of up to $7,500 for Plaintiff for his service as Class Representative on behalf of the whole Settlement Class.

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—Johnson v. Human Power of N Company d/b/a HumanN – Case Number 2025-008533-CA-01.

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) an explanation of the basis on which you are a Settlement Class Member;

4) A statement of all your objections to the Settlement including your legal and factual basis for each objection;

5) 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;

6) The identity of all counsel who represent you;

7) A copy of any orders related to or ruling on counsel’s or the counsel’s law firm’s prior objection made by individuals or organizations represented by the your counsel’s and/or counsel’s law firm that has objected to a class action settlement within the preceding 5 years the objector’s counsel;

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;

9) the identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing;

10) a statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing; 

11) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and

12) Your signature (an attorney’s signature is not sufficient).

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 July 17, 2025.
 

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 September 17, 2025 at 9:30 a.m. ET through Zoom or other video conferencing equipment. 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 Class Representative. 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. 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.

You may ask the Court for prmission 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 FAQ 17 above). 

You cannot speak at the hearing if you exclude yourself from the Settlement.

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 judgement entered by the Court.

This Settlement Website 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. You also may write with questions to the Settlement Administrator at Luke Johnson v. Human Power of N, c/o Koll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391 or call the toll-free telephone number, (833) 420-3843.