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1 American Casino Recording Class Action c/o Dahl Administration LLC P.O Box 3614 Minneapolis, MN *«Barcode_print»* «SeqID» <<BARCODE>> UNIQUE ID: <<ClaimantDahlID>> <<ClaimantName>> <<Addr1>> <<Addr2>> <<City>> <<State>> <<Zip>> <<Country>>

2 SUPERIOR COURT FOR THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO If You Participated in a Call with American Casino & Entertainment Properties, LLC ( American Casino ) or any of its properties (Aquarius Casino Resort, Arizona Charlie's Decatur, Arizona Charlie's Boulder, and/or Stratosphere Las Vegas) from July 1, 2016 through December 13, 2016, You May Benefit From a Proposed Class Action Settlement A court authorized this notice. This is not a solicitation from a lawyer. A proposed settlement ( Settlement ) has been reached in a class action lawsuit. The lawsuit claims that American Casino wrongfully recorded telephone conversations with its California customers in violation of, among other things, California s privacy laws. American Casino denies these claims. The Court did not rule in favor of Plaintiff or American Casino. Instead, the parties agreed to the Settlement to avoid the expense and risks of continuing the lawsuit. You are a class member if you are a California resident who, while physically present in the State of California, participated in an inbound telephone call with employees, agents, or representatives of American Casino between July 1, 2016 through and including December 13, 2016, inclusive, that was recorded by American Casino. Excluded from the Class are all employees of American Casino, all attorneys and employees of plaintiff s counsel, the judicial officers to whom the Lawsuit is assigned and their court staff, and all persons who timely and validly exclude themselves from the Settlement Class as provided herein. If you received this Notice by or U.S. Mail, you are a Reservation Class Member, which means that American Casino s records indicate that you participated in a call with American Casino from July 1, 2016 through December 13, 2016, which was recorded, and that you booked a stay at one of its properties using a California Telephone Number associated with the reservation. No further action is required by you if you wish to participate in the Settlement. If you did not receive this Notice by or U.S. Mail, you may be a Non-Reservation Class Member. If you are a California resident and believe that you participated in a call with American Casino between July 1, 2016 through December 13, 2016 while physically present in California, you may be eligible to receive monetary consideration under this Settlement. You must submit a Claim Form (described below) in order to receive anything under the Settlement. Under the Settlement, Monetary consideration is being provided to two groups of class members: o Reservation Class Members will receive monetary recovery in the form of one $7.50 (USD) fully transferrable, non-expiring settlement certificate to be redeemed at any American Casino property, no Claim Form or further action is necessary. o Non-Reservation Class Members who submit valid and timely Claim Forms will receive monetary recovery in the form of one $5.00 (USD) fully transferrable, non-expiring settlement certificate to be redeemed at an American Casino property

3 Please read this Notice carefully and in its entirety. Your rights may be affected by the Settlement of this lawsuit, and you have a choice to make now about how to act: YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT WHAT IS THIS? A Settlement has been reached in a class action lawsuit. The lawsuit alleges that American Casino wrongfully recorded telephone conversations with its California customers in violation of California law. EXCLUDE YOURSELF FROM THE CLASS BY MAY 14, 2018 If you opt out of the Settlement, you will not be eligible to receive any benefits from the Settlement, but you will keep any rights to sue Defendant separately about the same legal claims in the lawsuit. OBJECT OR COMMENT BY MAY 14, 2018 You may write to the Court about why you do, or do not, like the Settlement. You must remain in the class to comment in support of or in opposition to the Settlement. APPEAR IN THE LAWSUIT OR ATTEND A HEARING ON JUNE 22, 2018 You may ask to speak in Court about the fairness of the Settlement. You may enter your appearance in Court through an attorney if you so desire. RESERVATION CLASS MEMBERS: DO NOTHING If you are a Reservation Class Member (i.e., you received this Notice by or U.S. Mail) you may do nothing, and you will automatically receive a $7.50 (USD) fully transferrable, nonexpiring settlement certificate if and when the Settlement is approved by the Court. The settlement certificate will be redeemable at Aquarius Casino Resort, Arizona Charlie's Decatur, Arizona Charlie's Boulder, and/or Stratosphere Las Vegas to purchase goods or services such as spa, bar, room, restaurant, or shop charges, except at independently owned and operated establishments that are located on these properties. The settlement certificate may not be used to redeem cash or credit, or for any gaming purpose and/or in the casino. You will not need to book a room or stay at Aquarius Casino Resort, Arizona Charlie's Decatur, Arizona Charlie's Boulder, and/or Stratosphere Las Vegas in order to redeem your settlement certificate

4 NON-RESERVATION CLASS MEMBERS: SUBMIT A TIMELY CLAIM FORM If you are a Non-Reservation Class Member (i.e., you did NOT receive this Notice by or U.S. Mail) you must submit a valid Claim Form, which can be found at by May 14, 2018, in order to receive anything under the Settlement. If you submit a valid and timely Claim Form, you will receive a $5.00 (USD) fully transferrable, non-expiring settlement certificate if and when the Settlement is approved by the Court. The settlement certificate will be redeemable at Aquarius Casino Resort, Arizona Charlie's Decatur, Arizona Charlie's Boulder, and/or Stratosphere Las Vegas to purchase goods or services such as spa, bar, room, restaurant, or shop charges, except at independently owned and operated establishments that are located on these properties. The settlement certificate may not be used to redeem cash or credit, or for any gaming purpose and/or in the casino. You will not need to book a room or stay at Aquarius Casino Resort, Arizona Charlie's Decatur, Arizona Charlie's Boulder, and/or Stratosphere Las Vegas in order to redeem your settlement certificate. Your options and the deadlines to exercise them are further explained in this notice. Please carefully read this notice as it explains your rights and options as a class member. The Court in charge of this case still has to decide whether to approve the Settlement. The benefits of the Settlement will be made available if the Court approves the Settlement and after any appeals are resolved. 1. Why did I get this notice? BASIC INFORMATION If you participated in a recorded call with American Casino while physically present in California, during the period from July 1, 2016 through December 13, 2016, you have a right to know about the proposed settlement of a class action lawsuit and your options. The Court ordered that you be given this Notice, before the Court decides whether to approve the Settlement. If the Court approves it, and after objections and appeals are resolved, an administrator (the Settlement Administrator ) appointed by the Court will oversee the benefits of the Settlement. You will be informed of the progress of the Settlement. This notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of the cases is the Superior Court for the State of California, County of San Bernardino, and the case is known as Lewis v. American Casino & Entertainment Properties, LLC., Case No. CIVDS The person who sued is called the Plaintiff, and the company he sued, American Casino & Entertainment Properties, LLC, is called the Defendant. 2. What is this lawsuit about? This lawsuit claims that American Casino wrongfully recorded telephone conversations with its California customers without their consent in violation of California law. American Casino denies these claims. The Court did not rule in favor of Plaintiff or American Casino. Instead, - 4 -

5 the parties agreed to the Settlement to avoid the expense and risks of continuing the lawsuit. The lawyers for the parties are: Counsel for Plaintiff and the Class Daniel F. Gaines Alex P. Katofsky Gaines & Gaines, APLC Agoura Road, Suite 101 Calabasas, California (866) Counsel for Defendants Angela C. Agrusa DLA Piper LLP 2000 Avenue of the Stars Suite 400 North Tower Los Angeles, California What is a class action and who is involved? In a class action lawsuit, one or more people called Class Representatives (in this case, Plaintiff Steven Lewis) sue on behalf of other people who have similar claims. The people together are a Class or Class Members. The named plaintiff who sued and all the Class Members like them are called the Plaintiffs. The companies they sued are called the Defendants. One court resolves the issues for everyone in the Class except for those people who choose to exclude themselves from the Class. 4. Am I part of this Class? You are a class member if you are a California resident who, while physically present in the State of California, participated in an inbound telephone call with employees, agents, or representatives of American Casino between July 1, 2016 through and including December 13, 2016, inclusive, that was recorded by American Casino. Excluded from the Class are all employees of American Casino, all attorneys and employees of plaintiff s counsel, the judicial officers to whom the Lawsuit is assigned and their court staff, and all persons who timely and validly exclude themselves from the Settlement Class as provided herein. Monetary consideration is being provided under the settlement to two groups of Class Members: Reservation Class Members : American Casino s records indicate that you participated in a call with American Casino from July 1, 2016 through December 13, 2016, which was recorded, and reflect that you booked a stay at one of its properties using a California Telephone Number associated with the reservation. If you received this Notice Form by or U.S. Mail, you have been identified from American Casino s records as a Reservation Class Member. Non-Reservation Class Members : You are a member of the Settlement Class, participated in a call with American Casino from July 1, 2016 through December 13, 2016, and you are not a Reservation Class Member. THE CLAIMS IN THE LAWSUIT 5. What does the lawsuit complain about? This lawsuit claims that American Casino wrongfully recorded telephone conversations with its California customers without their consent in violation of California law. You can read Plaintiff s Complaint at

6 6. How do Defendants answer? American Casino denies any wrongdoing and denies the Plaintiff s allegations. 7. Has the Court decided who is right? The Court hasn t decided whether the Defendant or the Plaintiff is correct. Instead, the parties agreed to the Settlement to avoid the expense and risks of continuing the lawsuit. YOUR LEGAL RIGHTS AND OPTIONS You have to decide now whether to do nothing at all or ask to be excluded from the Settlement. You may also choose to object to the Settlement. 8. What does the Settlement provide? Under the Settlement, Reservation Class Members will receive monetary recovery in the form of one $7.50 (USD) fully transferrable, non-expiring settlement certificate. Non-Reservation Class Members who submit valid and timely Claim Forms will receive monetary recovery in the form of one $5.00 (USD) fully transferrable, non-expiring settlement certificate. The settlement certificates will be redeemable at Aquarius Casino Resort, Arizona Charlie's Decatur, Arizona Charlie's Boulder, and/or Stratosphere Las Vegas to purchase goods or services such as spa, bar, room, restaurant, or shop charges, except at independently owned and operated establishments that are located on these properties. The settlement certificates may not be used to redeem cash or credit, or for any gaming purpose and/or in the casino. Settlement Class Members need not book a room or stay at Aquarius Casino Resort, Arizona Charlie's Decatur, Arizona Charlie's Boulder, and/or Stratosphere Las Vegas in order to redeem their Settlement Certificate. If you received this Notice Form by or U.S. Mail, you have been identified from American Casino s records as a Reservation Class Member. Reservation Class Members who do not opt out or exclude themselves from the Settlement will automatically receive a $7.50 settlement certificate by or U.S. Mail once the Settlement is approved by the Court. If you did not receive this Notice Form by or U.S. Mail, and believe that you participated in a call with American Casino between July 1, 2016 and December 13, 2016 while physically present in California, you may be a Non-Reservation Class Member. In order to receive monetary benefits under this Settlement, you must fill out and submit a Claim Form, which can be found at before May 14, If you submit a valid claim for before May 14, 2018, and if the Settlement is approved by the Court, you will receive a $5.00 Settlement Certificate by or in the mail. The hearing to consider the fairness of the Settlement, described in section 19, below, is scheduled for June 22, 2018 at 8:30 a.m. 9. Why would I ask to be excluded? If you exclude yourself from the Class which is sometimes called opting-out of the Class you won t get any benefits from the Settlement. However, you may then be able to separately sue or continue to sue Defendant for the legal claims that are the subject of this - 6 -

7 lawsuit. If you exclude yourself, you will not be legally bound by the Court s judgment in this Settlement. If you bring your own lawsuit against Defendant after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against Defendant, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations. 10. How do I exclude myself from the Class? To exclude yourself from the Class, you must send a written request for exclusion that is postmarked no later than May 14, 2018 to: American Casino Recording Class Action Exclusions c/o Dahl Administration, LLC P.O. Box 3614 Minneapolis, MN Your request for exclusion must contain: (1) the case name, Lewis v. American Casino & Entertainment Properties, LLC, Case No. CIVDS ; (2) your full name and current address; (3) a clear statement of intention to exclude yourself such as I wish to be excluded from the Class ; and (4) your signature and the date of submission. The right to exclude oneself from the proposed settlement must be exercised individually by a Settlement Class Member or his or her attorney, not as a member of a group, class, or subclass. 11. How do I tell the Court I don t like the Settlement? If you re a Class Member, you can object to the Settlement if you don t like any part of it. You can give reasons why you think the Court should not approve it (or you can comment that you like its terms). The Court will consider your views. To object or comment, you must send a letter that contains all the following: Your name and current address, and your lawyer s name and address if you are objecting through counsel; The case name, Lewis v. American Casino & Entertainment Properties, LLC, Case No. CIVDS ; A statement of your objections and the reasons for each objection you make; A list of the documents you are giving the Court to support your objections, if any; A list of any legal authorities you want the Court to consider; If you (or your lawyer) want to appear and speak at the Fairness Hearing, a statement that you wish to appear and speak; and Your signature (or your lawyer s signature). Your objection must be signed, mailed, and postmarked by May 14, 2018 to the Settlement Administrator at: American Casino Settlement c/o Dahl Administration, LLC P.O. Box 3614 Minneapolis, MN

8 If you object through a lawyer, you will have to pay for the lawyer yourself. The right to object to the proposed settlement must be exercised individually by a Settlement Class Member or his or her attorney, not as a member of a group, class, or subclass. 12. What s the difference between objecting and excluding? Objecting is simply telling the Court you don t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court you don t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. 13. Can I appear or speak in this lawsuit and Settlement? As long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself in this lawsuit and Settlement. This is called making an appearance. You can also have your own lawyer speak for you, but you will have to pay for the lawyer yourself. 14. How can I appear in this lawsuit? You may appear at the Fairness Hearing if you submit a valid objection to the Settlement, as described in question 11 above. 15. Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU The law firm of Gaines & Gaines, A Professional Law Corporation ( Class Counsel ) represents you and the other Class Members. You will not be charged for these lawyers. 16. Should I get my own lawyer? If you choose to remain in the Class, you do not need to hire your own lawyer because Class Counsel are working on your behalf. But, if you want your own lawyer, you will be responsible for paying that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you. 17. How will the lawyers be paid? From the beginning of this lawsuit, Class Counsel have not received any payment for their services in prosecuting the case or obtaining Settlement, nor have they been reimbursed for any out-of-pocket expenses they have incurred. When they ask the Court to approve the Settlement, Class Counsel will also make a motion to the Court for an award of attorney s fees, costs and expenses to be paid by American Casino in the amount of $55,000. They will also seek a service payment to the Class Representative, Steven Lewis, not to exceed $5,000 to be paid by American Casino. The Court may award less than these amounts. No matter what the Court decides with regard to the requested attorneys fees, costs and expenses, or service payment, Class Members will never have to pay anything toward the fees or expenses of Class Counsel. Class Counsel will seek final approval of the Settlement on behalf of all Class Members. You may hire your own lawyer to represent you in this case if you wish, but it will - 8 -

9 be at your own expense. THE COURT S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you don t have to attend or speak. 18. When and where will the Court decide whether to approve the Settlement? The Court will hold a Fairness Hearing at 8:30 a.m. on June 22, 2018 in Department 29, at the Superior Court of California County of San Bernardino San Bernardino District Civil Division, 247 West Third Street, San Bernardino, CA At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court will also consider Class Counsel s request for an award of attorneys fees and reimbursement of costs and a service payment for the Class Representative. After the hearing, the Court will decide whether to approve the Settlement, and whether to grant Class Counsel s request for attorneys fees and expenses. We do not know how long these decisions will take. 19. Do I have to come to the hearing? No. Class Counsel is working on your behalf and 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 don t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it s not necessary. 20. May I speak at the hearing? You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must follow the steps listed in number 11. You cannot speak at the hearing if you excluded yourself. FINAL SETTLEMENT APPROVAL 21. What is the effect of final Settlement approval? Provided the Court grants final approval of the Settlement, and regardless of whether they have submitted Claim Forms to participate in settlement, the Settlement Class Members, on behalf of themselves and each of their respective heirs, representatives, successors, assigns, trusts, executors, and attorneys, release and discharge American Casino, and each of American Casino s respective past and present officers, directors, employees, shareholders, members, partners, agents, representatives, predecessors, successors, parents, subsidiaries, affiliates, assigns, and attorneys from any and all claims which arose during the period January 31, 2016 through January 31, 2017 arising from the facts alleged in the Lawsuit, or which could have been alleged based on the facts pled in the Lawsuit, including all claims for violation of California Penal Code sections 632, 632.7, and If the Settlement is not approved, the case will proceed as if no Settlement had been attempted. There can be no assurance that if the Settlement is not approved and litigation resumes, the - 9 -

10 Class will recover more than is provided for under the Settlement, or will recover anything. 22. Are more details available? GETTING MORE INFORMATION This Notice is only intended to provide a summary of the Settlement. You may obtain the complete text of the Settlement Agreement at by writing to the Settlement Administrator (at the address listedbelow), or from the Court file, which is available for your inspection during regular business hours at the Office of the Clerk Superior Court of California County of San Bernardino, San Bernardino District Civil Division, 247 West Third Street, San Bernardino, CA Visit the website, at where you will find additional information about the lawsuit and settlement, including the Plaintiff s Complaint, and a Claim Form. You may also contact the Settlement Administrator by at info@casinorecordingclassaction.com or by calling toll free at You may also write to: American Casino Settlement, c/o Dahl Administration, LLC P.O. Box 3614 Minneapolis, MN You may also contact Class Counsel by at evan@gaineslawfirm.com PLEASE DO NOT CALL OR WRITE TO THE COURT FOR INFORMATION OR ADVICE. DATED: March 29, 2018 BY ORDER OF THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA, COUNTY OF SAN BERNADINO

YOUR LEGAL RIGHTS AND OPTIONS

YOUR LEGAL RIGHTS AND OPTIONS United States District Court for the Eastern District of California If You Purchased Certain Zicam Products, You May Be Eligible to Receive a Payment as Part of a Proposed Class Action Settlement A federal