You may have received a form debt collection letter from Kriger between November 4, 2018 and November 4, 2019 to a California address indicating that you must dispute your debt in writing within thirty (30) days of receipt of the letter (the “Form Letter”). The Court determined that you have a right to know about a proposed Settlement of this class action lawsuit, and about your options, before the Court decides whether to grant final approval to the Settlement. If the Court approves it, and after any objections and appeals are resolved, the Settlement Class Payments will be distributed to class members in the manner described below.
This notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Court in charge of this case is the United States District Court for the Southern District of California, and the case is known as Jeffrey Almada v. Kriger Law Firm A.P.C, Case No3:19-cv-02109-TWR-MDD (the “Lawsuit”). The person who filed the class action Lawsuit (Jeffrey Almada) is called the Plaintiff. Kriger is called the Defendant.
Plaintiff claimed that Defendant illegally attempted to collect an alleged debt from Plaintiff by sending Plaintiff a debt collection letter indicating that he must dispute his debt in writing within thirty (30) days of receipt of the letter (the “Form Letter”), which Plaintiff contends is in violation of the FDCPA and RFDCPA. Defendant denies any wrongdoing.
In a class action, one or more persons, called the “Class Representative” (in this case Jeffrey Almada), sues on behalf of other people who have similar claims. All these people are a “Class,” with each individual being a “Class Member.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. The United States District Court for the Southern District of California oversees this class action.
The Court did not decide in favor of either Plaintiff or Defendant. Instead, after numerous documents were exchanged between the parties, and the Court made rulings on various issues, both sides agreed to a Settlement. By so settling, the parties avoided the cost and uncertainty of a trial, and Class Members will be able to receive money in the form of a Settlement Payment. The Class Representative and the attorneys think the Settlement is best for everyone.
There is one Settlement Class consisting of: All persons with addresses within the State of California who received a Form Letter from Defendant between November 4, 2018 and November 4, 2019.
Defendant has agreed to create a $131,850 settlement fund for Settlement Class Members. A service award of up to $2,500 to the Class Representative, and an award of up to $240,0000 in attorneys’ fees and costs (including Administrative expenses) will be paid separately.
Settlement Class Members who do not opt out from the Settlement will receive a $450 Settlement Payment (i.e., a Cash Settlement Payment).
Settlement Class Members do not need to do anything to receive a Cash Settlement Payment in the amount of $450. When this Settlement receives final approval by the Court, Settlement Class Members will receive Cash Settlement Payments.
The Court will hold a hearing on January 26, 2023, at 1:30 p.m., to decide whether to approve the Settlement. If the Court approves the Settlement, there could be appeals afterward, which will take time to resolve. Please be patient.
Unless you exclude yourself, you are staying in the Settlement Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendant about the legal issues in this Lawsuit. It also means that all of the Court’s orders will apply to you and legally bind you.
To exclude yourself from the Settlement, you must either fill out the Exclusion Form that was enclosed with your notice letter and submit it via mail or submit an Exclusion Form online here: EXCLUSION FORM
Be sure to include your name, address, telephone number, and your signature. If you submit the Exclusion Form via mail, you must mail your Exclusion Form postmarked no later than November 20, 2022 to all three of the following:
| ADMINISTRATOR | ADMINISTRATOR | DEFENSE COUNSEL |
Almada et al v. Kriger Law Firm c/o Settlement Administrator P.O. Box 26170 Santa Ana, CA 92799 | Kazerouni Law Group, APC c/o Abbas Kazerounian and Pamela Prescott 245 Fischer Avenue, Suite D1 Costa Mesa, CA 92626 | Murphy, Pearson, Bradley & Feeney, P.C. c/o John Girarde and Alston L. Lew, 580 California Street, Suite 1100 San Francisco, CA 94014 |
If you submit the Exclusion Form via the Settlement Website, it must be summitted no later than November 20, 2022.
You can’t exclude yourself on the phone or by e-mail. If you ask to be excluded, you will not get any Settlement Payment, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this Lawsuit. You may be able to sue (or continue to sue) Defendant in the future.
No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Settlement to continue your own lawsuit. Remember, the exclusion deadline is November 20, 2022.
No. If you exclude yourself, you will not receive a Cash Settlement Award from this Settlement. However, you may sue, continue to sue, or be part of a different lawsuit against Defendant.
Yes. The Court has appointed for settlement purposes Abbas Kazerounian and Pamela E. Prescott of Kazerouni Law Group, APC as counsel for the Settlement Class. These lawyers are called “Class Counsel” and represent you and other Settlement Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel will ask the Court for attorneys’ fees and expenses (including costs to administer the Settlement) of up $240,000. Up to now, Class Counsel have not been compensated for the time, or reimbursed for the expense, of litigating this lawsuit.
Additionally, Class Counsel will ask for a service award of up to $2,500 for Class Representative Jeffrey Almada, who brought this lawsuit on behalf of all Settlement Class Members. Although the Court may award less than this amount, service awards are commonly granted to recognize the efforts of Class Representatives in bringing and prosecuting lawsuits on behalf of others.
You can tell the Court that you don’t agree with the Settlement, or some part of it. This is called an “objection.” You can give the reasons why you think the Court should not approve the Settlement. The Court will consider your views.
Any Settlement Class Member who wishes to appear in person to present evidence or argument in support of the objection at the Final Approval Hearing must provide notice to that effect in its notice of objection.
To object, you must file your objection with the Court overseeing the Lawsuit and send a letter stating that you object to the Settlement reached in Jeffrey Almada v. Kriger Law Firm A.P.C, Case No3:19-cv-02109-TWR-MDD. Your objection request shall state in writing all objections, the reasons for such objections, and indicate any notice of appearance at the Final Approval Hearing.
Be sure to include your full name, address, telephone number, signature, and your claim identification number included in this Notice or address in which you received the Form Letter from Defendant.
ou must mail your objection request postmarked no later than November 20, 2022 to all three of the following addresses:
| ADMINISTRATOR | ADMINISTRATOR | DEFENSE COUNSEL |
Almada et al v. Kriger Law Firm c/o Settlement Administrator P.O. Box 26170 Santa Ana, CA 92799 | Kazerouni Law Group, APC c/o Abbas Kazerounian and Pamela Prescott 245 Fischer Avenue, Suite D1 Costa Mesa, CA 92626 | Murphy, Pearson, Bradley & Feeney, P.C. c/o John Girarde and Alston L. Lew, 580 California Street, Suite 1100 San Francisco, CA 94014 |
For any attorney representing an objector, the attorney shall file a declaration listing all objections previously filed for anyone, the case name, court, and case number, and how much, if any amount, was paid in connection with the objection.
Any Settlement Class Member who fails to timely file a written objection with the Court and notice of his/her/its intent to appear at the Final Approval Hearing in accordance with the terms of the Settlement and as detailed in the Notice, shall not be permitted to object to this Settlement at the Final Approval Hearing, shall be foreclosed from seeking any review of this Settlement by appeal or other means, and shall be deemed to have waived his/her/its objections and be barred from making any such objections in the Lawsuit or any other action or proceeding.
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. 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.
The Court will hold a Final Approval / Fairness Hearing on January 26, 2023 at 1:30 p.m., at 221 West Broadway, Courtroom 3A, San Diego, CA 92101. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel, and whether to grant the requests for service awards. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
No. Class Counsel will answer questions the Court may have. But you are welcome to come at your own expense if you choose. You may also pay your own lawyer to attend, but it is not necessary.
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter stating that it is your “Notice of Intention to Appear in Jeffrey Almada v. Kriger Law Firm A.P.C., 3:19-cv-02109-TWR-MDD.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than November 20, 2022, and be sent to all three of the following:
| ADMINISTRATOR | ADMINISTRATOR | DEFENSE COUNSEL |
Almada et al v. Kriger Law Firm c/o Settlement Administrator P.O. Box 26170 Santa Ana, CA 92799 | Kazerouni Law Group, APC c/o Abbas Kazerounian and Pamela Prescott 245 Fischer Avenue, Suite D1 Costa Mesa, CA 92626 | Murphy, Pearson, Bradley & Feeney, P.C. c/o John Girarde and Alston L. Lew, 580 California Street, Suite 1100 San Francisco, CA 94014 |
If you wish to appear in person to present evidence or argument in support of the objection at the Final Approval Hearing must provide notice to that effect in your notice of objection described in Section 16 above.
All Settlement Class Members who do not exclude themselves from the Settlement Class will receive Cash Settlement Payment when the Court approves the Settlement. When this Settlement receives final approval by the Court, the Settlement Administrator will calculate and send out the Cash Settlement Payments.
This notice summarizes the proposed Settlement. More details are available in the Settlement Agreement posted on this website. You may also contact the Settlement Administrator at (866) 221-3083 or info@autolosstaxsettlement.com.