If you were called on a cellular telephone by or on behalf of Asset Acceptance, LLC, you may be entitled to receive a payment or debt forgiveness, and your rights may be affected by this class action settlement.
COSTA MESA, Calif., Sept. 21, 2015 /PRNewswire-HISPANIC PR WIRE/ — The following statement is being issued by Kazerouni Law Group, APC, Hyde & Swigart and The Law Offices of Todd M. Friedman regarding Fox v. Asset Acceptance, LLC.
A Settlement has been reached in a class action lawsuit alleging that Asset Acceptance, LLC (“Asset” or “Defendant”) violated the Telephone Consumer Protection Act (“TCPA”), by calling, or allowing other companies to call on its behalf, cell phone numbers between April 17, 2009 and September 4, 2014, using a dialer without prior express consent. The Court did not decide in favor of Plaintiff or Asset. Asset denies any violation or liability. To settle the case, Asset will provide a Common Fund totaling $1,000,000.00 composed of an $800,000.00 Debt Forgiveness Component and a $200,000.00 Cash Component.
The case is known as Fox v. Asset Acceptance, LLC, Case No. 14-CV-00734-GW-FFM (C.D. Cal.) (“Action”). The “Class” includes all persons whose cellular telephone numbers were called using a dialer by Asset, or someone acting on behalf of Asset, without consent, during the period from April 17, 2009 through September 4, 2014.
Subject to final Court approval, each Class Member who submits a valid Claim Form will be entitled to recover from the Common Fund. A Class Member’s recovery depends on how much, if any, the Class Member owes Asset. If the Class Member owes Asset no money, then that individual is entitled to a pro rata share of the $200,000 Cash Component of the Common Fund, up to $1,500. Payment amounts under the Cash Component will vary based on the total number of valid Claim Forms received from Class Members who owe no money to Asset, and after deducting the incentive award of up to $2,500 that will be paid to the Class Representative. However, if the Class Member owes Asset any amount of money, then that individual shall be entitled to a one-time forgiveness of the money owed to Asset on a pro rata basis from the Debt Component of the Common Fund up to the amount that Authorized Claimant is identified as owing to Asset Acceptance in Asset Acceptance’s records, but in no event more than $1,500. It is not known how many Class Members exist, but over 387,000 potential Class Members are expected to be notified of the settlement by mail.
To make a claim or find out more about this settlement, please visit the settlement website at www.FoxTCPASettlement.com, or call 1-844-271-4787. On the settlement website, you may submit a claim online or download and print a Claim Form that you can mail in. Claim Forms must be submitted by December 28, 2015. You may also check the settlement website to determine what amount of money, if any, you are alleged to owe to Asset, and learn about the procedure to dispute the amount or existence of the alleged debt for purposes of this settlement only.
If you do not want to be a part of the Settlement, you must exclude yourself no later than December 28, 2015 by following the procedure outlined in Class Notice which is available on the settlement website. Unless you exclude yourself, you will be bound by any final judgment in the action, including the release of Asset and others from any claims arising out of or related to this Settlement. If you want to object to the Settlement, you must mail an objection postmarked no later than December 28, 2015 by following the procedure outlined in the Class Notice. At your own expense, you may have your own lawyer appear in Court for you if you like. If you hire your own lawyer, that lawyer must submit a Notice of Intention to Appear by following the procedures outlined in the Class Notice.
The Court has scheduled a Fairness Hearing for February 18, 2016, at 8:30 a.m., in Courtroom 10 of the U.S. District Court, Central District of California, 312 North Spring Street, Los Angeles, CA 92012 to decide: (1) whether to approve the Settlement; (2) Class Counsel’s request for attorneys’ fees and litigation costs of up to $262,500.00 to be paid by Asset separately of the Common Fund; and (3) a $2,500 payment to the Class Representative (Ann Fox) to be paid from the Cash Component of the Common Fund. Upon final approval, the action will be dismissed with prejudice and the Class Members who do not request exclusion will have released Asset and related entities as detailed in the Settlement Agreement (available at www.FoxTCPASettlement.com).