MARCOUX et al v. SUSAN J SZWED PA

Filing 28

ORDER AUTHORIZING NOTICE TO CLASS AND ESTABLISHING SCHEDULE FOR FURTHER ACTION granting in part 26 Motion for Approval of Settlement By JUDGE NANCY TORRESEN. (Attachments: # 1 Appendix Proposed Notice) (MMB)

Defendant’s records as a person to whom Defendant mailed a similar debt collection letter during
the relevant time period.
2. What is this lawsuit about?

In this lawsuit, Plaintiffs claimed that Defendant violated the Law by failing to inform them that
Defendant need only have mailed verification of their alleged debts, or a copy of the judgment, if they
disputed the debt in writing. Defendant denies that its conduct violated the Law and has asserted
affirmative defenses to Plaintiffs’ claims.
3. Why is this a class action?

In a class action, one or more people called Class Representatives (in this case, Alfred Marcoux and
Charlene Jones) sue on behalf of a group (or a “Class”) of people who have similar claims. Defendant
has identified you as a member of the Class.
4. Why is there a settlement?
In order to avoid the cost, risk, delay of litigation and uncertainty of trial , the parties agreed to
settle. Plaintiffs and class counsel believe the settlement is fair, reasonable, and adequate.
5. How do I know if I am part of the settlement?
The Court has decided that everyone falling under the following definition is a Class Member:
All persons (a) with an address in Maine, (b) to whom Susan J. Szwed, P.A. mailed
an initial debt collection communication that stated: “If you notify this firm within
thirty (30) days after your receipt of this letter, that the debt or any portion thereof,
is disputed, we will obtain verification of the debt or a copy of the judgment, if any,
and mail a copy of such verification or judgment to you,” (c) between March 10,
2014 and March 10, 2015, (d) in connection with the collection of a consumer debt
on behalf of Bank of America, N.A.
You have been identified via Defendant’s records as a member of this Class. There are approximately
92 persons in total in the Class.
YOUR BENEFITS UNDER THE SETTLEMENT
6. What can I get from the settlement?
Cash payment of approximately $41.30.
7. When will I receive these benefits?

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You will receive these benefits approximately 50 days after the settlement has been finally approved.
8. I want to be a part of the settlement and receive these benefits. What do I do?
Nothing. You do not have to do anything to receive these benefits.
9. What am I giving up to receive these benefits?
By staying in the settlement, all of the Court’s orders will apply to you, and you give Defendant a
“release.” A release means you can’t sue or be part of any other lawsuit against Defendant about the
claims or issues in this lawsuit.
10. How much will the Class Representatives receive?
The Defendant has agreed to pay $1,000.00 to each of the Class Representatives in settlement of their
individual claims.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you don’t want to receive the benefits of the settlement, but you want to keep your legal claims
against the Defendant, then you must take steps to get out of the Class. This is called excluding
yourself.
11. How do I get out of the settlement?
To exclude yourself from the settlement, you must send a letter by mail stating that you want to be
excluded from Alfred Marcoux & Charlene Jones v. Susan J. Szwed, P.A., Case No. 2:15-cv00093-NT. Be sure to include your name, address, telephone number, and email address (if
applicable). You must mail your exclusion request so that it is postmarked no later than [DATE],
and sent to the following address:
First Class, Inc.
5410 Roosevelt Road, Suite 222
Chicago, IL 60644
Be sure to include the name and number of the case.
12. If I exclude myself, do I still receive benefits from this settlement?
No, you will not receive anything resulting from the settlement of this case, but you will have the
right to sue Defendant over the claims raised in this case on your own in a different lawsuit. If you
exclude yourself, the time you have in which to file your own lawsuit (called the “statute of
limitations”) will begin to run again. You will have the same amount of time to file the suit that
you had when this case was filed.
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THE LAWYERS REPRESENTING YOU
13. Do I have a lawyer in this case?
The Court has named the law firm of Greenwald Davidson Radbil PLLC as Class Counsel. If you want
to be represented by your own lawyer, you may hire one at your own expense. If you choose to hire your
own lawyer, he or she may file an appearance by [DATE].

14. How will the lawyers be paid?
Class Counsel, Greenwald Davidson Radbil PLLC, will ask the Court for attorneys’ fees of up to
$70,000.00 and reimbursement of litigation expenses of up to $2,500.00. You will not be charged by these
lawyers; however, they will receive a payment from the Defendant in an amount of $70,000.00, or less, if
that amount is approved by the Court.
CLASS COUNSEL’S VIEWS ABOUT THE SETTLEMENT
15. Is this a fair settlement?
The FDCPA is a federal statute which provides for both individual actions and class actions.
In an individual action, the person bringing the suit may recover (i) any actual damages suffered; and (ii)
statutory damages of between $0 and $1,000.00. In a class action, the maximum possible recovery is (i)
any actual damages suffered by the class members, and (ii) the lesser of 1% of the Defendant’s net worth
or $500,000.00. The Court, in its discretion, may award anything from $0 up to the maximum amount to
a prevailing party. In either an individual or a class action, the person bringing the suit can also recover
attorneys’ fees and the expenses of prosecuting the suit, if it is successful.
In this case, based upon Defendant’s book value net worth, Class Counsel believes this settlement is very
favorable to Class Members. In light of the violations alleged, and the damages allowed under the Law,
Class Counsel believes this is a fair settlement.
16. What is the Defendant’s view of this settlement?
As stated above, by settling this lawsuit, Defendant is not admitting that it has done anything
wrong. Defendant expressly denies the claims asserted by Plaintiffs and denies all allegations of
wrongdoing and liability.
OBJECTING TO THE SETTLEMENT
You can tell the Court that you do or do not agree with the settlement or some part of it.
17. How do I tell the Court that I do not like the settlement?
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Please do not call the Judge about this case. Neither the Judge, nor the Clerk of Court, will be
able to give you advice about this case. Furthermore, Defendant’s attorneys do not represent you
and cannot give you legal advice.
Separately, you can call Greenwald Davidson Radbil PLLC, 5550 Glades Road, Suite 500, Boca Raton,
FL 33431, the firm representing the Class, at [phone] if you have any questions. Before doing
so, please read this full notice carefully. You can also send an email to [e-mail] or
obtain information through Class Counsel’s website at www.gdrlawfirm.com.
20. What if I have a new address?
If this notice was sent to you at your current address, you do not have to do anything more to
receive further notices concerning this case. However, if this notice was forwarded to you, or if it
was otherwise sent to you at an address that is not current, you should notify the class administrator
of your new address by writing to:
First Class, Inc.
5410 Roosevelt Road, Suite 222
Chicago, IL 60644
DO NOT CONTACT THE COURT REGARDING THIS NOTICE.

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