I talked about this great decision by Judge Bataillon in an earlier post here.
But I figured with the recent certification of the class by the new federal judge, Judge Rossiter, the case merited another round of hearty applause.
Judge Rossiter recently approved the plaintiffs’ motion for class certification, and for preliminary approval of a class action settlement. What does this mean? Basically, it means that the court and the parties have agreed to parameters for defining what consumers are included in the class action and what the terms of settlement will be.
Here are the parameters (see if they apply to you):
- Must have an address in Nebraska;
- Credit Management Services served a county court complaint on you after January 1, 2008 (NCPA), or after December 18, 2010 (FDCPA);
- CMS’ complaint asked for attorneys fees and prejudgment interest and costs;
- CMS did not provide you notice of the claim 90 days before filing the county court complaint; and
- CMS’ complaint was an effort to collect a debt.
As ordered by the court, CMS will pay $198,000.00 into the settlement fund, to be disbursed to persons who fall into this class of consumers. CMS is also ordered by the court to distribute notices by postcard to anyone who may have been affected by this decision, so if you think you fall into this category, keep your eyes peeled when looking through your mail.
In order to be part of the class, you have to fill out a claim form. I believe the court said individuals who may be part of this class have 60 days from the day the notification postcards are mailed out to fill out a claim and become part of the class.
Again, kudos to Pam Car, attorney in Omaha, for her great work on behalf of Nebraska consumers.