Defendants’ records indicate that after June 11, 2003, you signed an agreement with Lon Smith that included the following language, or language substantially similar to the following: “This Agreement is for FULL SCOPE OF INSURANCE ESTIMATE AND UPGRADES and is subject to insurance company approval. By signing this agreement homeowner authorizes Lon Smith Roofing and Construction (“LSRC”) to pursue homeowners best interest for all repairs at a price agreeable to the insurance company and LSRC. The final price agreed to between the insurance company and LSRC shall be the final contract price.”

Plaintiffs allege that Lon Smith Roofing violated certain provisions of the Texas Insurance Code and the Texas Deceptive Trade Practices Act (“DTPA”) by including the contract provision (or substantially similar contract provisions) quoted above and, as a result, Lon Smith Roofing must return to any customer who signed a contract containing such a provision all money Lon Smith Roofing was paid under that contract.

The Court is waiting to determine which class members desire to remain in the class and which class members decide to opt out of the Class.

No money or benefits are available at this time. There is no guarantee that money or benefits will be obtained. If they are obtained through either final judgment or settlement, you will receive a notice describing how to receive your share of any funds.

You can decide whether to stay in the Class or exclude yourself from the Class. Excluding yourself is also called “opting out” of the Class.

If you exclude yourself from the Class, you will give up the right to participate in any recovery that may occur. But you will keep any rights you may currently have to sue the Defendants regarding the legal claims at issue in this lawsuit. You also will not be bound by the Orders the Court issues and Judgments the Court makes in this class action.

To exclude yourself, you must complete the “Request to Opt Out” online form, which is available in Important Case Documents, no later than February 18, 2025.

You may also send a written “Request to Opt Out” to the Notice Administrator by mail so that it is postmarked no later than February 18, 2025. Your written request must include:

• Your name, address, and telephone number;
• A statement confirming that you want to opt out of the Class; and
• The case name and number: Joe Key, et al. v. Lon Smith & Associates, Inc., et al., Case No. 236-267881-13.

Your Request to Opt Out must be mailed to:

Lon Smith Roofing Class Action
ATTN: EXCLUSION REQUEST
P.O. Box 2007
Chanhassen, MN 55317-200

By doing nothing, you are choosing to stay in the Class. You don’t have to do anything now if you want to stay in the Class. If you stay in the Class and the Class Representatives obtain money or benefits, either as a result of a trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). However, you will not be able to sue, or continue to sue the Defendants—as part of any other lawsuit—about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all Orders the Court issues and Judgments the Court makes in this class action.

Complete copies of public pleadings, Court rulings, and other filings are available for review and copying at the Clerk’s office. The address is 100 N. Calhoun St., Fort Worth, TX 76196.

Information is also available by calling 866-499-4316 toll free, by emailing info@RoofingLitigation.com, or by writing to Lon Smith Roofing Class Action, P.O. Box 2007, Chanhassen, MN 55317-2007.

Please do not contact the Court or Judge Tom Lowe. They cannot answer any questions or discuss the lawsuit.