Client Name: {name}
Client Email: {email}
Re: {name} v. UPSTART NETWORK, INC.,
Dear {name}:
This Attorney-Client Agreement ("Agreement") outlines the nature of our engagement, along with our mutual responsibilities and expectations. Kindly take a moment to carefully review this letter and feel free to contact us if you have any questions or require additional clarification.
Scope of the Engagement: This Agreement is between Milberg, LLC and Plawinski, PLLC (the "Firms", "We", "Us") and you ("Client" or "You") for the purpose of legal representation in connection with your potential claims against Upstart Network Inc., its affiliates, and/or any other responsible parties (collectively, "Respondents" or "Upstart"), arising from alleged violations of federal and state anti-wiretapping laws.
This representation covers investigation and, if appropriate, pursuing the claims described above. It does not include any other actual or potential causes of action, appeals, or legal services arising from this or any other matter. After this engagement concludes, the Firms will have no further obligation to advise or provide any legal services on your behalf, unless agreed in writing. You expressly authorize the Firms to discuss your account and obtain your account records from Respondent. Client further represents to the Firms that Client has not signed an agreement with any other attorney(s) to pursue claims against Respondent(s).
Arbitration and Consolidation. Arbitration is a simplified means of pursuing legal claims, where disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited, and the arbitrator's decision is subject to limited court review. While we anticipate arbitration, this Agreement remains in effect regardless of whether the claims are ultimately brought in arbitration, litigated in court, or resolved by settlement before any formal filing. By signing this Agreement, You provide us with a limited, enduring power of attorney to sign legal documents that are related to the arbitration, litigation, or settlement of the claims described above, on your behalf. You or We may terminate this limited, enduring power of attorney by terminating this representation, as described below.
Express Settlement Authority: You give us exclusive authorization to negotiate settlements with the Respondents, including as part of a group settlement with other similar claims, and to make decisions about litigation or settlement tactics on your behalf. You give us the right to reject any settlement offer that is not equal to your actual loss, or the maximum allowable damages, whichever is greater, unless we believe that we have achieved the likely best settlement possible under the circumstances. If we bring you a settlement offer from the Respondents or about your claim, the final decision on whether to accept the offer is yours. However, we may advise you that we feel the settlement is fair and reasonable, and if you disagree with our advice, we may withdraw as counsel after giving you reasonable notice or ask the arbitral panel for permission to withdraw as your attorneys consistent with the applicable ethics rules.
Attorney's Fees & Costs: You won't owe us any fees unless we successfully collect a financial recovery for you by payment of an award or settlement of your claim. We agree to represent You on a contingency basis, which means that our fees are a percentage of the settlement, award, or recovery, or other monetary benefit You receive. In the event your claim settles or results in a recovery or award, our fee will be forty percent (40%) of the total gross recovery obtained on Your behalf, unless an arbitrator or court awards a higher fee, in which case the higher amount will apply. If there is no recovery, You owe no fees or costs.
After our fees are deducted, we deduct expenses from your gross recovery. Expenses can include expenses specific to your individual arbitration or expenses that we advance on behalf of all our clients with similar cases for the benefit of the whole group of clients. These expenses may include our usual and customary fees for copying, messenger services and similar items, as well as travel expenses. Additionally, to improve efficiency and lower costs, the Firms may use AI-driven solutions for select tasks, e.g. fact investigations, document review, and other routine activities, under the supervision of licensed attorneys, while taking reasonable steps to safeguard client confidentiality. Expenses that we pay to vendors, arbitrators, experts, or others who assist in the arbitration claim process are not kept by us and are billed at cost. Once there is a recovery, settlement, or judgment in your favor, we will inform you in writing of the amount of expenses to be deducted from your award and the nature of the expense.
If there is recovery or settlement in this case, you grant us the right to receive any monies resulting therefrom, deduct fees and expenses, and send you the remainder. We will do so as soon as practicable. If we cannot locate you or an authorized representative within 90 days of receipt of the funds, we may either hold such funds in escrow or deposit them with the court. In the event you do not elect how to receive your settlement award, you agree that we may disburse your funds as an electronic debit/credit card to the email address we have on file. You understand that we may have a lien upon any amount recovered for you.
You acknowledge that we may associate with other counsel in connection with your claim. In this matter, the Firms have assumed joint responsibility for this representation. If successful, the Firms will share the fee. You will not be charged any additional fees because there is more than one law firm on the case. Milberg LLC will share up to 70% and Plawinski PLLC will share up to 30% of the fees in this matter.
Cooperation: You agree to fully assist and cooperate with us regarding your case. You agree to be truthful and to promptly, accurately, and completely provide us with all relevant facts, preserving all pertinent evidence, and being available for discussions, meetings, and any required court or arbitration proceedings. The representations by Client in the Certification below are material terms of this Agreement.
Consent to Joint Representation and Collective Proceedings: You understand and acknowledge that the Firms represents other clients with similar claims against the same Respondent(s). By jointly representing multiple clients, the Firms can pool resources and potentially offer a more effective overall strategy; however, this approach may not maximize your individual share of any recovery. The Firms will not favor one client's interest over another. Client further understands that some settlements may be conditioned upon a certain percentage of participants agreeing to resolve their claims through settlement. You understand and acknowledge these benefits and risks, consent to the Firms' joint representation of you alongside other similarly situated clients and waive any conflicts that might arise from such representation. Accordingly, you authorize the Firms to pursue your case in individual, multi-party, collective, representative, or mass arbitration or court proceedings, and to negotiate classwide, collective, mass, coordinated, or representative settlements of claims.
Communications and Confidentiality: You have certain responsibilities as a client, including the responsibility to keep us updated as to your contact information, to promptly respond to our communications, and provide information and documents we need for your claim electronically. Email will be our primary means of communicating with you. It is your duty to keep your contact information up to date and promptly inform us of any changes to personal information. You may receive text messages from us or on our behalf in connection with providing our services to you. All communications and case-related information must be kept strictly confidential. This includes refraining from sharing any information on social media or public platforms.
Termination of the Representation: You have the right to end this Agreement at any time, provided you give the Firms timely written notice. Similarly, the Firms reserve the right to terminate our representation for good cause, including but not limited to, your failure to comply with this Agreement, lack of cooperation, refusal to follow our substantive advice, if continuing to represent you would be unlawful, unethical, ineffective, if there is little or no likelihood of success on the claims' merits, if continued representation would result in an unreasonable financial burden, or for any other reason that is permissible under relevant professional or ethical guidelines.
Arbitration between You and Us. The relationship between You and Us will be governed by New York law, without regard to its conflict of law rules. Any disputes between You and Us will be decided in arbitration by the JAMS, under its Streamlined Rules, which can be found here: https://www.jamsadr.com/rules-streamlined-arbitration/, in your county of residence or in New York County, unless the dispute is subject to arbitration under the Part 137 Fee Dispute Resolution program. More information about that program is available here: https://ww2.nycourts.gov/rules/chiefadmin/137.shtml.
Entire Agreement: This Agreement constitutes the sole and entire agreement between the Firms and You and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, it shall not affect any other term or provision of this Agreement or in any other jurisdiction.
Acknowledgment and Agreement: Client hereby acknowledges having read and fully understanding the terms of this Agreement and having had opportunity to seek independent legal advice before signing this document.
If You agree with the outlined terms, we kindly ask that you sign and return this document to indicate your agreement. We look forward to working with you and advocating on your behalf in this matter.
Sincerely,
/s/ Douglas H. Sanders
Douglas H. Sanders
MILBERG LLC
1311 Avenida Juan Ponce de León
San Juan, Puerto Rico 00907
Tel: (516) 741-5600
dsanders@milberg.com
Agreed to on this _____ day of _________________, 2026.
_______________________________
{name}
CERTIFICATION
I, the undersigned client, hereby certify that I am eligible to pursue the claims outlined above because I visited the Upstart website and/or digital onboarding or application flow to explore or apply for a credit product, and during that process, Upstart intercepted, recorded, transmitted, or shared my electronic communications and nonpublic personal information through third-party tracking and monitoring technologies in real time and without my meaningful prior consent, in violation of state and federal wiretapping, privacy, and consumer protection laws.
I further certify that I have not retained any other attorney or law firm to pursue the same or substantially similar claims against Upstart. I am not a party to any other active lawsuit, arbitration, or legal proceeding asserting such claims against Upstart. I understand that if I have retained, or do retain, another attorney or law firm to pursue such claims, the Firm reserves the right to terminate its representation of me.
I am not a named plaintiff in any pending class action asserting claims against Upstart for the same conduct.
Accordingly, I authorize the Firms to file a claim in the appropriate forum seeking monetary compensation, including statutory damages, as well as other available relief. Furthermore, I authorize the Firm to opt me out of any future modifications to the arbitration agreement in Upstart's Terms applicable to my claim, and/or, upon advance notice from the Firm, opt me out of a classwide settlement of claims if the Firm determines it is in my best interest.
If necessary, I am prepared to provide documentation or testify to confirm this statement.
Agreed to on this _____ day of _________________, 2026.
_______________________________
{name}