Keegan & Baker LLP Announces Notice of Hearing to Determine Approval of Proposed Settlement of Class Action
LOS ANGELES, March 25, 2013 /PRNewswire/ -- The following statement is being issued by Keegan & Baker LLP pursuant to an order of the California Superior Court, County of San Diego:
Daniel Pepper v. Midland Credit Management, Inc., et al., Case Number 37-2011-00088752- CU-BT-CTL
If you received a telephone call from Midland Credit Management, Inc. ("MCM") during the period from July 13, 2006 through February 18, 2011, while you were in California, Florida, Maryland, Nevada, New Hampshire, Pennsylvania, or Washington, and were not told that the call may be monitored or recorded, your rights could be affected by a class action settlement. A settlement has been proposed in the above-referenced lawsuit, which is pending in the California Superior Court, County of San Diego ("Court"). Complete information regarding the settlement is available on the following website: www.RecordingClassAction.com.
Who is Included? You are a Class Member if during the period from July 13, 2006 through February 18, 2011, you were in California, Florida, Maryland, Nevada, New Hampshire, Pennsylvania or Washington (the "Covered States"), received one or more telephone calls from and spoke with a representative of MCM, and were not informed at the beginning of each call that the call may be monitored or recorded.
What Is The Case About? This class action arose out of allegations that MCM monitored and/ or recorded telephone calls that MCM made in an effort to collect debt without always giving notification at the beginning of the call that the call may be recorded or monitored. Defendants have denied and continue to deny any liability, and there has been no finding that Defendants have violated any laws.
Summary Of The Settlement: Under the Settlement, Class Members who submit valid and timely Claim Forms and are identified in MCM's records as owing money to MCM will receive debt forgiveness of up to one thousand dollars ($1,000) of the money owed by any such Class Member to MCM, with such debt forgiveness being applied first to any older obligations before being applied to any newer obligations. Defendants will also pay Four Million Five Hundred Thousand Dollars ($4,500,000) as cash consideration (together with the debt forgiveness, the "Common Fund"). After paying an incentive award to the Class Representative (which will not be more than $50,000), certain administrative expenses(which will not be more than $1 million), and attorneys' fees and costs that the Court will be asked to approve (which will not be more than $3 million), the remainder of the cash consideration will be distributed pro-rata to the Class Members, up to a maximum of one thousand dollars ($1,000) each, who submit valid and timely Claim Forms and are not identified in MCM's records as owing money to MCM. Class Members who are identified in MCM's records as owing money to MCM will not receive any of the cash. Defendants may oppose Class Counsel's attorneys' fees request.
How Do I Make a Claim? To make a claim you must complete and submit online the Claim Form that is available on the Internet at the following web address: www.RecordingClassAction.com no later than May 28, 2013.
Do I Have A Lawyer? Yes. The Court has appointed the following lawyers to represent Class Members. Keegan & Baker LLP (Patrick Keegan, Esq.), Frantz Law Group, APLC (James Franz, Esq.), and Wickman & Wickman, Attorneys at Law (Steven Wickman, Esq.).
What Should I Do? You should get more information from the Claims Administrator or settlement website and make a decision about what your legal rights are. Basically, as a Class Member, you have four options:
(1) Do nothing. If you do nothing you will not receive a share of the Common Fund and you give up your rights to sue MCM about the legal claims in the lawsuit.
(2) You can submit a Claim to the Claims Administrator to request a share of the Common Fund by May 28, 2013. If your Claim is approved, you will be bound by the Court's decision in the lawsuit. You will not have the right to sue separately about the issues in the lawsuit.
(3) You can remain a Class Member but object to the Settlement. To do so you must follow the procedures set forth in the Class Notice available on the website no later than May 28, 2013. You may choose to pay for and be represented by a lawyer who may submit the objection for you. See the Class Notice on the website for the requirements for objecting to the settlement or appearing at the hearing.
(4) You can exclude yourself from the Settlement, and be able to sue Defendants about the facts at issue in the lawsuit, by mailing a letter (not an e-mail) to the Claims Administrator (not the Court), Class Counsel and Defense Counsel. You must state in writing your name, address, signature, your reason for excluding yourself, and a statement that you meet the criteria of the Class but wish to be excluded from the Class. The request must be postmarked no later than May 28, 2013. See the Class Notice on the website for the requirements for excluding yourself from the Settlement.
Scheduled Hearing: The California Superior Court, County of San Diego, located at 330 West Broadway, San Diego, California, will conduct a hearing on whether to approve the Settlement, and if so, will determine what fees and expenses should be award to Class Counsel and whether a $50,000 incentive payment should be awarded to the Class Representative. The hearing is presently scheduled for August 23, 2013 at 10:30 a.m., in Dept. 73 but may be changed. Any Class Member may enter an appearance with the Court through an attorney.
For more information, contact the Claims Administrator at (877) 283-1774 or visit www.RecordingClassAction.com.
SOURCE Keegan & Baker LLP