Keegan & Baker LLP Announces Notice of Hearing to Determine Approval of
Proposed Settlement of Class Action
LOS ANGELES, March 25, 2013
LOS ANGELES, March 25, 2013 /PRNewswire/ --The following statement is being
issued by Keegan & Baker LLP pursuant to an order of the California Superior
Court, County of San Diego:
Daniel Pepper v. Midland Credit Management, Inc., et al., Case Number
If you received a telephone call from Midland Credit Management, Inc. ("MCM")
during the period from July 13, 2006 through February 18, 2011, while you were
in California, Florida, Maryland, Nevada, New Hampshire, Pennsylvania, or
Washington, and were not told that the call may be monitored or recorded, your
rights could be affected by a class action settlement. A settlement has been
proposed in the above-referenced lawsuit, which is pending in the California
Superior Court, County of San Diego ("Court"). Complete information regarding
the settlement is available on the following website:
Who is Included? You are a Class Member if during the period from July 13,
2006 through February 18, 2011, you were in California, Florida, Maryland,
Nevada, New Hampshire, Pennsylvania or Washington (the "Covered States"),
received one or more telephone calls from and spoke with a representative of
MCM, and were not informed at the beginning of each call that the call may be
monitored or recorded.
What Is The Case About? This class action arose out of allegations that MCM
monitored and/ or recorded telephone calls that MCM made in an effort to
collect debt without always giving notification at the beginning of the call
that the call may be recorded or monitored. Defendants have denied and
continue to deny any liability, and there has been no finding that Defendants
have violated any laws.
Summary Of The Settlement: Under the Settlement, Class Members who submit
valid and timely Claim Forms and are identified in MCM's records as owing
money to MCM will receive debt forgiveness of up to one thousand dollars
($1,000) of the money owed by any such Class Member to MCM, with such debt
forgiveness being applied first to any older obligations before being applied
to any newer obligations. Defendants will also pay Four Million Five Hundred
Thousand Dollars ($4,500,000) as cash consideration (together with the debt
forgiveness, the "Common Fund"). After paying an incentive award to the Class
Representative (which will not be more than $50,000), certain administrative
expenses(which will not be more than $1 million), and attorneys' fees and
costs that the Court will be asked to approve (which will not be more than $3
million), the remainder of the cash consideration will be distributed pro-rata
to the Class Members, up to a maximum of one thousand dollars ($1,000) each,
who submit valid and timely Claim Forms and are not identified in MCM's
records as owing money to MCM. Class Members who are identified in MCM's
records as owing money to MCM will not receive any of the cash. Defendants may
oppose Class Counsel's attorneys' fees request.
How Do I Make a Claim? To make a claim you must complete and submit online the
Claim Form that is available on the Internet at the following web address:
www.RecordingClassAction.com no later than May 28, 2013.
Do I Have A Lawyer? Yes. The Court has appointed the following lawyers to
represent Class Members. Keegan & Baker LLP (Patrick Keegan, Esq.), Frantz Law
Group, APLC (James Franz, Esq.), and Wickman & Wickman, Attorneys at Law
(Steven Wickman, Esq.).
What Should I Do? You should get more information from the Claims
Administrator or settlement website and make a decision about what your legal
rights are. Basically, as a Class Member, you have four options:
(1) Do nothing. If you do nothing you will not receive a share of the Common
Fund and you give up your rights to sue MCM about the legal claims in the
(2) You can submit a Claim to the Claims Administrator to request a share of
the Common Fund by May 28, 2013. If your Claim is approved, you will be bound
by the Court's decision in the lawsuit. You will not have the right to sue
separately about the issues in the lawsuit.
(3) You can remain a Class Member but object to the Settlement. To do so you
must follow the procedures set forth in the Class Notice available on the
website no later than May 28, 2013. You may choose to pay for and be
represented by a lawyer who may submit the objection for you. See the Class
Notice on the website for the requirements for objecting to the settlement or
appearing at the hearing.
(4) You can exclude yourself from the Settlement, and be able to sue
Defendants about the facts at issue in the lawsuit, by mailing a letter (not
an e-mail) to the Claims Administrator (not the Court), Class Counsel and
Defense Counsel. You must state in writing your name, address, signature, your
reason for excluding yourself, and a statement that you meet the criteria of
the Class but wish to be excluded from the Class. The request must be
postmarked no later than May 28, 2013. See the Class Notice on the website for
the requirements for excluding yourself from the Settlement.
Scheduled Hearing: The California Superior Court, County of San Diego, located
at 330 West Broadway, San Diego, California, will conduct a hearing on whether
to approve the Settlement, and if so, will determine what fees and expenses
should be award to Class Counsel and whether a $50,000 incentive payment
should be awarded to the Class Representative. The hearing is presently
scheduled for August 23, 2013 at 10:30 a.m., in Dept. 73 but may be changed.
Any Class Member may enter an appearance with the Court through an attorney.
For more information, contact the Claims Administrator at (877) 283-1774 or
SOURCE Keegan & Baker LLP
Contact: Keegan & Baker LLP, Patrick Keegan, +1-310-595-3000
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