
Summary Notice Announced by G. Oliver Koppell & Associates and Whalen & Tusa, P.C.
NEW YORK, March 17 /PRNewswire/ -- G. Oliver Koppell & Associates and Whalen & Tusa, P.C. Announce the Legal Notice of Pendency of Class Arbitration and Legal Notice of Class Determination and Partial Class Arbitration Settlement Involving Genus Credit Management and American Financial Solutions.
IN THE AMERICAN ARBITRATION ASSOCIATION
Case No.: 11 181 00295 05
If you enrolled in a debt management agreement with Genus Credit Management or American Financial Solutions you may be a member of a class action pending in the American Arbitration Association entitled Jones et al v. Genus Credit Management Corporation et al and you may be entitled to receive money from a settlement with one of the respondents in the case.
WHAT IS THE CASE ABOUT?
Claimants Laverne Jones, Stacey Ness and Kerry Ness filed an arbitration action against Respondents Genus Credit Management Corp. (Genus), North Seattle Community College Foundation (NSCCF), American Financial Solutions (AFS), InCharge Institute of America, Inc., Amerix Corporation, 3C Inc., FreedomPoint Corp., FreedomPoint Financial Corp., Ascend One Corp. and Bernaldo Dancel. The Complaint alleges that Respondents, were directly or indirectly participating in debt management and/or credit counseling operations or were affiliated with companies who did so engage, and alleges violations of consumer protection laws based on allegedly false and misleading statements about Debt Management Plans or Programs (DMPs) created, advertised, administered or serviced by any of the Respondents, including the DMP benefits and claims that DMPs improve credit, credit ratings, credit histories or credit scores without providing required disclosures. The arbitration seeks monetary and injunctive relief. Respondents believe that they acted lawfully at all times, deny that they violated any laws or did anything wrong and contend that they are not liable to Claimants or the Class.
The name of the Arbitrator is Donald H. Green, Esq., an attorney employed at the law firm of Pepper Hamilton LLP.
WHO IS IN THE CLASS?
On May 7, 2009, the Arbitrator certified a class of persons with claims under the Credit Repair Organizations Act, the Racketeer Influenced and Corrupt Organizations Act, and the Maryland Consumer Protection Act. The "Class" is defined as follows:
All persons in the United States and its territories who, within the time allowed under the statutes of limitation relevant to the claims certified above, enrolled in a Debt Management Plan or similar program created, advertised, administered or serviced by Respondents or any of them, or any entity sharing common ownership with any Respondent, provided those persons have entered into contracts with arbitration provisions similar to or the same as those entered into by the named class representatives.
Some of the Respondents appealed the Arbitrator's decision to certify the above class and have requested a federal court to exclude from this arbitration claims under the Maryland Consumer Protection Act. Depending on how the federal court decides the issue, your rights under that claim may be affected.
WHAT ARE THE TERMS OF THE SETTLEMENT WITH NSCCF/AFS?
A class action settlement has been reached between Claimants on behalf of the Class and NSCCF and its division AFS (the "Settlement"). The Settlement Agreement was executed on January 8, 2010 and has been preliminarily approved by the Arbitrator. If finally approved by the Arbitrator, the case will be dismissed as to NSCCF/AFS. The Settlement has been reached before any of the claims or defenses were resolved on the merits. There has been no finding that NSCCF/AFS violated any law in its conduct toward Representative Claimants or other Class Members. The other Respondents have not settled this Arbitration and the case will continue against them.
NSCCF/AFS have agreed to pay $4,000,000 (the "Settlement Fund"). In exchange for that payment and other benefits, NSCCF/AFS will receive a release of all certified class claims brought in the Arbitration, and for claims based on the same asserted wrongful actions. This release will apply against all eligible Class members who do not request exclusion.
To receive money from the Settlement Fund, you must be eligible to participate in the Settlement and submit a completed Proof of Claim form to the Administrator. The form is available at www.jonesarbitrationsettlement.com. The Proof of Claim form can be submitted by (a) mailing a completed form to the Settlement Administrator, or (b) completing the form electronically on the website www.jonesarbitrationsettlement.com. Proof of Claim forms must be submitted by May 19, 2010 to be valid.
HOW CAN I OBTAIN MORE INFORMATION?
For more information about the Settlement or this arbitration generally, or to view the Settlement Agreement you may call the Administrator toll-free at (888) 308-4791, visit the Administrator's website at www.jonesarbitrationsettlement.com, visit the AAA's website at www.adr.org/sp.asp?id=29365, or contact Class Counsel, the Law Offices of G. Oliver Koppell & Associates and Whalen & Tusa, P.C.
SOURCE G. Oliver Koppell & Associates
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