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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Northern Division
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JAMES AND KURU SMITH, et al. Plaintiff, v. OLIVERI & ASSOCIATES, LLC, et al. Defendant. |
Civil Action No.: 1:20-cv-02598-TJS
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NOTICE OF CLASS ACTION SETTLEMENT
This Notice is about a proposed settlement of the above class action litigation. It has been authorized by the United States District Court for the District of Maryland and contains important information about your right to participate in the settlement or exclude yourself. The following pages summarize your options, your rights, and frequently asked questions.
INTRODUCTION
James Smith, Kuru Smith, and Keisha Grant (“Named Plaintiffs”) were property owners from whom Defendants (John Oliveri and Oliveri & Associates, LLC) attempted to collect amounts that Defendants alleged were secured by liens that were recorded before those amounts became due (“Continuing Liens”). In September 2020, they filed this lawsuit (the “Litigation”), alleging that, among other things, Defendants violated the Fair Debt Collection Practices Act, Maryland Consumer Debt Collection Act, and Maryland Consumer Protection Act as to them and all similarly situated individuals when Defendants alleged that liens secured amounts that became due after the lien was recorded. Defendants acknowledge that they have taken all reasonable steps to ensure the release of all liens for which they continue to represent the applicable homeowners’ or condominium association, for which the face value of the lien has been satisfied, and Named Plaintiffs additionally sought, for themselves and all others similarly situated, compensatory damages resulting from these debt collection practices.
Defendants contest the claims in the Litigation, deny any and all liability and wrongdoing, and claim that they did not know Continuing Liens were unlawful until Maryland’s highest court ruled as such in March 2021. The Parties have decided to settle the Litigation to avoid the expense, inconvenience, and distraction of litigation. The Parties reached an agreement to resolve the claims in the Litigation on a class-wide basis, providing class- wide relief in exchange for a class-wide release of claims. The Court has not decided who is right and who is wrong or whether this case could, in the absence of settlement, proceed as a class action.
The Parties have agreed to settle the Litigation subject to the approval of the Court via a signed Class Settlement Agreement and Release (the “Settlement Agreement”). Defendants have agreed to pay a minimum of four hundred fifteen thousand dollars ($415,000) and a maximum of four hundred fifty-four thousand dollars ($454,000) to create a Settlement Fund that will provide compensation to Settlement Class members, pay for notice and administration, provide for any approved Service Award to Named Plaintiffs, and compensate Class Counsel for any approved attorneys’ fees and costs.
The Parties reached this Settlement through negotiations and have presented it to the Court. As determined through that process, you are entitled to participate, and your legal rights may be affected. These rights and options are summarized below and explained in detail throughout this Notice.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
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DO NOTHING |
To participate, you do not need to do anything. If the Court approves the Settlement, you will receive a check. You will be bound by the Final Approval Order and will release the Class Released Claims, meaning that you will not be allowed to pursue the claims raised in this Litigation against Defendants separately. |
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EXCLUDE YOURSELF |
If you wish to exclude yourself (“opt out”) from the Litigation, you must follow the directions in response to FAQ Question 7. If you opt out, you will not be bound by the settlement, will not receive a settlement payment, and may be able to sue Defendants yourself at your own expense. |
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OBJECT TO THE SETTLEMENT |
If you choose to remain in the Settlement Class, you may write to the Court if you believe the Settlement is unfair or unreasonable according to the directions in response to FAQ Question 12. You may request to speak to the Court about your objection at the Final Approval Hearing. If the Court overrules your objection, you will still be bound by the terms of the Settlement Agreement, but you will also receive any proceeds due to you under it. |