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This Notice may affect your rights. Please read carefully.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
DREW HILL, individually and on
behalf of all others similarly situated,
Case No. 3:13-cv-01718-BEN-BLM
Plaintiff,
v.
ASSET ACCEPTANCE, LLC,
Defendant.
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND HEARING
Plaintiff Drew Hill (“Hill” or “Plaintiff”) filed a class action lawsuit (“Hill Lawsuit”) against Asset Acceptance,
LLC (“Asset”) in 2013, alleging that Asset violated federal and California law by filing lawsuits in California
after the expiration of the applicable statute of limitations (i.e., the period of time set by state law in which
lawsuits must be filed with a court). Asset denies that it violated federal or California law. Hill and Asset have
nonetheless agreed to settle the Hill Lawsuit and the Court has preliminarily approved the settlement.
This Notice summarizes your rights under the proposed settlement of the Hill Lawsuit.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
SUBMIT A TIMELY
CLAIM FORM
If you are in the settlement class and submit a timely and eligible Claim
Form by May 18, 2015, you will get the $170.00 cash payment identified in
this Notice.
DO NOTHING BUT
STAY IN SETTLEMENT
If you are in the settlement class and do not submit the Claim Form, you
will not receive the cash payment identified in this Notice and will not be
able to sue Asset over the claims resolved by the Hill Lawsuit.
ASK TO BE EXCLUDED
If you ask to be excluded, you will not receive the cash payment identified
in this Notice, but will retain whatever rights you have to sue Asset over the
claims resolved by the Hill Lawsuit.
OBJECT
GO TO A HEARING
Write to the Court about why you don’t agree with the settlement.
Ask to speak in Court about the settlement.
These rights and options—and the deadlines to exercise them—are explained in this Notice.
AEHNOT2
1.
Why did you receive this Notice?
This Notice is provided to you by order of the United States District Court, Southern District of California, to
inform you of a proposed settlement of the Hill Lawsuit (“Proposed Settlement”) before the Court decides
whether to give “final approval” to the Proposed Settlement. If the Court approves the Proposed Settlement and
after any appeals are resolved, the cash payment identified in this Notice will be given to everyone who
qualifies and submits a timely Claim Form. This Notice explains the Hill Lawsuit, the Proposed Settlement,
your legal rights, what benefits are available, who may be eligible for them, and how to get them.
You received this Notice because you have been identified from Asset’s records as a person who is a member of
the class of persons subjected to actions that allegedly violated federal and California law.
2.
What is this lawsuit about?
Hill claims that Asset violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq.,
and the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”), California Civil Code § 1788 et
seq., by filing lawsuits in California against residents of California to collect delinquent credit card debt after
the expiration of the three-year statute of limitations under Delaware law, the state chosen in the terms and
conditions of the underlying credit card agreement (“Delaware Governing Law Provision”). Asset has denied all
of these allegations, including that it violated the FDCPA or the RFDCPA.
3.
Why is this a class action?
In a class action, one or more people called a “Class Representative” (in this case, Drew Hill) sue on behalf of
themselves and others who have similar claims. All these people are a “Class” or “Class Members.” One court
resolves the issues for all Class Members, except for those who exclude themselves from the Class.
4.
Why is there a settlement?
Both sides agreed to settle to avoid the cost, risk, and delay of litigation. The Court did not decide in favor of
the Class Representative or Asset. By settling, the parties avoid the cost of a trial. The Class Representative and
his attorneys think the settlement is best for all Class Members. The settlement does not mean that Asset did
anything wrong.
5.
How do I know if I am part of the settlement?
The Class includes those persons, according to Asset’s records as of January 12, 2015: (i) that have an address
in California, (ii) against whom Asset filed a lawsuit in California between and including July 27, 2012 through
July 27, 2013, (iii) to collect on a debt allegedly resulting from a consumer credit card account, (iv) where the
lawsuit was filed more than three (3) years after the last payment or charge on the underlying account, and
(v) the underlying credit card agreement/terms and conditions has a Delaware Governing Law Provision.
Excluded from the Class are persons whose obligations on their accounts were discharged in bankruptcy or
persons against whom Asset obtained a judgment in its favor in the lawsuit Asset filed against them which would
have made them eligible for membership in the Class. People in the Class are called “Settlement Class Members”.
6.
What can I get from the settlement?
Asset, through the Settlement Administrator, will issue a check in the amount of $170.00 (“Cash Payment”) to those
Settlement Class Members who submit a valid and timely Claim Form by mail to the Settlement Administrator or
online www.AssetClassSettlement.com no later than May 18, 2015 (“Eligible Settlement Class Member”).
Questions? Please call toll-free 1-877-783-7874 or visit www.AssetClassSettlement.com.
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7.
When will I get the Cash Payment?
You will receive the Cash Payment after the Court grants “final approval” of the settlement and any appeals are
resolved. If the Court approves the settlement after a hearing on July 23, 2015, there may be appeals.
8.
I want to be a part of the settlement and receive the Cash Payment. What do I need to do?
In order to be eligible to receive the Cash Payment, you need to submit a timely Claim Form. You need to
submit a timely Claim Form online at www.AssetClassSettlement.com by May 18, 2015, or by mailing the
Claim Form which accompanied this Notice to the Asset Acceptance FDCPA Settlement Administrator,
P.O. Box 40007, College Station, TX 77842-4007 with a postmark date no later than May 18, 2015.
9.
What am I giving up to get a Cash Payment or stay in the Class?
Unless you exclude yourself, you remain in the Class, which means that you can’t individually sue Asset over
the claims settled in this case. It also means that all of the Court’s orders will apply to you and legally bind you.
If you stay in the Class, you will agree to “release and discharge” Asset as described in Section VI of the
Settlement Agreement on file with the Court and at www.AssetClassSettlement.com.
10.
How do I get out of the settlement?
If you don’t want the Cash Payment from this settlement, but you want to keep the right to individually sue
Asset about the issues in this case, then you must take steps to get out of the Proposed Settlement. This is called
excluding yourself from—or is sometimes referred to as “opting out” of—the Settlement Class.
To exclude yourself from the settlement, you must send a letter which includes: (i) your name, signature,
address and telephone number; (ii) a sentence stating that you are in the Settlement Class; and (iii) the following
statement: “I request to be excluded from the class settlement in Hill v. Asset Acceptance, LLC, United States
District Court, Southern District of California, Case No. 3:13-cv-01718”, or words to that effect. You must
mail your request for exclusion postmarked on or before May 18, 2015 to:
Asset Acceptance FDCPA Settlement Administrator
P.O. Box 40007
College Station, TX 77842-4007
Submitting a timely and valid exclusion request in writing is the only way to voluntarily exclude yourself from
the settlement. You can’t exclude yourself on the phone, by email, or at the settlement website.
11.
Do I have a lawyer in this case?
The Court appointed Patric Lester & Associates and Keogh Law, Ltd. to represent you and other Settlement
Class Members as “Class Counsel.” You do not have to pay Class Counsel. If you want to be represented by your
own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense.
12.
How will the lawyers and Class Representative be paid?
Class Counsel will ask the Court for reasonable attorneys’ fees up to $175,000.00 and reasonable costs up to
$20,000.00. Asset will not object to paying up to $175,000.00 in reasonable attorneys’ fees. Class Counsel will
also ask that the Class Representative, Drew Hill, receive up to $10,000.00 for acting as the Class
Representative for the Class. Asset has agreed to pay up to $5,000.00 to the Class Representative. The request
for attorneys’ fees and costs will be available at www.AssetClassSettlement.com. The payment of the
attorneys’ fees, costs and award to Hill will not reduce the amount distributed to Settlement Class Members.
Asset will also separately pay the costs to administer the Proposed Settlement. The Court will rule upon the
attorneys’ fees, costs and the award to Hill at the Final Fairness Hearing at 9:00 AM PST on July 23, 2015.
Questions? Please call toll-free 1-877-783-7874 or visit www.AssetClassSettlement.com.
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13.
How do I tell the Court if I don’t agree with the settlement?
If you don’t want the Court to approve the Proposed Settlement, you must file a written objection in the case
with the Clerk of the United States District Court, Southern District of California, 221 West Broadway,
Ste. 5135, San Diego, CA 92101, no later than May 18, 2015 and send a copy to persons identified below.
In addition to including the name of the case (Hill v. Asset Acceptance, Case No. 3:13-cv-01718), all objections
must include: (i) the objector’s name, address and telephone number; (ii) a sentence stating that to the best of
his or her knowledge he or she is a Settlement Class Member; (iii) the factual basis and legal grounds for the
objection to the settlement; (iv) the identity of witnesses whom the objector may call to testify at the Fairness
Hearing; and (v) copies of exhibits the objector may seek to offer into evidence at the Fairness Hearing.
To object, file the objection with the clerk of the court at the address below on or before May 18, 2015. Note:
You may send it by mail, but it must be received and filed by the clerk on or before May 18, 2015.
COURT
Clerk of Court
United States District Court, Southern District of California
221 West Broadway, San Diego, CA 92101
Also, mail a copy of the objection to Class Counsel and Asset’s Counsel at the following addresses so that the
correspondence is postmarked on or before May 18, 2015.
Class Counsel
Patric A Lester
Lester & Associates
5694 Mission Center Road, #358
San Diego, CA 92108
Timothy J. Sostrin
Keogh Law, Ltd.
55 West Monroe Street, Suite 3390
Chicago, IL 60603
Asset’s Counsel
Robert M. Horwitz
Dykema Gossett PLLC
400 Renaissance Center, 36th Floor
Detroit, MI 48243
You do not need to, but you may appear at the Fairness Hearing at 9:00 AM PST on July 23, 2015 to further
express your objection to the settlement and the Court may ask you questions about your objection.
14.
What’s the difference between objecting and asking to be excluded?
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if
you stay in the Class. If you object, and the Court approves the settlement anyway, you will still be legally
bound by the result.
Excluding yourself is telling the Court that 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.
15.
How do I get more information about the settlement?
This Summary summarizes the Proposed Settlement. More details are in the Settlement Agreement which is
filed with the Court and available on the settlement website, www.AssetClassSettlement.com. If you have
questions, you may contact Class Counsel at 1-866-726-1092 or [email protected] or visit the
website www.AssetClassSettlement.com. Do not contact the Court.
Questions? Please call toll-free 1-877-783-7874 or visit www.AssetClassSettlement.com.
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