Jennifer Lundy v Check Into Cash of Missouri, Inc.
CIRCUIT COURT OF JACKSON COUNTY, MISSOURI, Case No.: 1216-CV10150
Following is a list of frequently asked questions about this settlement. To view the answer to a question, please click on the question from the list below. The answers to these questions will be updated periodically to reflect the current status of the Settlement.
A class action lawsuit was filed in the Circuit Court of Jackson County, Missouri alleging that Check Into Cash violated the Missouri Merchandising Practices Act and the laws governing lenders making unsecured loans of $500 or less. Check Into Cash does not admit liability, but the parties have concluded that settlement is desirable because of the uncertainty, expenses, risks, and delays of litigation.
If you received a notice in the mail, Check Into Cash identified you as a member of the Settlement Class. If you entered into a payday loan agreement and/or the refinancing or renewal of a payday loan agreement with Check Into Cash in the State of Missouri between November 19, 2005 and May 12, 2012, and you are not subject to any of the exclusions identified in FAQ3, you are a Class Member in this Settlement.
The Court approved the mailing of the notice because you have a right to know about the proposed settlement of this class action, the options you have as a class member, and the benefits you are potentially eligible to receive.
Check Into Cash of Missouri, Inc., its officers and directors, representatives, employees, and agents are excluded from participating in this settlement.
The Settlement Class also excludes anyone currently in a bankruptcy proceeding or who:
Class Members who file valid and timely opt-out requests will also be excluded from this Settlement.
Class Members who, at any time between November 19, 2005 and May 12, 2012, entered into any payday loan agreement and/or the refinancing or renewal of any payday loan agreement with Check into Cash within the State of Missouri, have the following 4 options available to them:
Class Members who still owe money to Check Into Cash on loans entered into between November 19, 2005 and August 12, 2007 will have their payday loan debts forgiven.
Otherwise, if you entered into payday loans between November 19, 2005 and August 12, 2007 for which debt is not owed and/or you entered into other payday loans between August 13, 2007 and May 12, 2012, you will receive a cash payment of between $10-$30, depending upon the number of payday loan transactions that occurred, provided you file a claim online or by calling toll-free to 1-877-426-7494. Claims must be filed on or before February 11, 2013.
A claim must be filed to be eligible for a cash payment. If your debt has been paid in full, or if Check Into Cash is unable to provide the debt forgiveness available to you under the proposed Settlement, you will not receive the cash payment unless you submit a claim. For more information on how to file a claim go to FAQ7.
If you do not wish to be bound by the terms of this settlement you may choose to exclude yourself. If you exclude yourself, or opt out, you will not be eligible to receive the settlement benefits or to object to this settlement, but you will still be eligible to pursue your own legal claims against Check Into Cash relating to any payday loans issued between November 19, 2005 and May 12, 2012. Additional information about how to opt-out of the Settlement can be found at FAQ11.
If you do not feel that the settlement is fair, reasonable or adequate for the Class Members, you may object to its terms. The Court will consider your views when determining whether to award final approval for the settlement. You must remain a class member if you wish to object and you may still submit a claim. FAQ12 includes detailed information about objecting to the Settlement.
Under the terms of the proposed Settlement, eligible Class Members will receive forgiveness for any outstanding debt owed to Check Into Cash on certain loans, or a cash payment, depending on the timing and status of their payday loans. If you still owe money to Check Into Cash on loans entered into between November 19, 2005 and August 12, 2007, you will have your entire payday loan debt forgiven without taking any action.
Otherwise, if you do not have an outstanding debt for loans entered into between November 19, 2005 and August 12, 2007 and/or you entered into loans between August 13, 2007 and May 12, 2012, you are eligible for a cash payment if you file a valid Claim. Claimants with 1-10 payday loan transactions occurring between November 19, 2005, and May 12, 2012, (the "Class Period") will receive $10. Claimants with 11-20 payday loan transactions occurring during the Class Period will receive $15. Claimants with 21 or more payday loan transactions occurring during the Class Period will receive $30. These amounts may be reduced pro rata depending on the number of eligible class members who submit valid claims. You must file a claim to be eligible for a cash payment.
A coupon for $6 off of the Class Member's next payday loan transaction with Check Into Cash will be mailed to the last known address of all Cash Distribution Class Members. These coupons are redeemable by Class Distribution Class Members who qualify for a payday loan and who elect to take out such a loan from Check Into Cash.
Claims must be filed no later than February 11, 2013. All Class Members are encouraged to file claims so that they may receive a cash payment if one is owed to them or if Check Into Cash is, for any reason, unable to provide the debt forgiveness for a remaining debt. You may Click Here to submit a claim online or call toll-free 1-877-426-7494 to file a claim by telephone.
The Court will hold a Fairness Hearing on March 15, 2013 to finally decide if this agreement is fair to members of the Settlement Class. Settlement benefits – including debt forgiveness, cash payments and coupons – cannot be made until after the settlement receives final approval. We do not know how long the Court will take to make its decision or if appeals will be filed. This process takes time and your patience is appreciated.
If you received a Notice in the mail, please have it available to file your claim. You can file a claim online without the notice, but the process will be easier if you have the 8-digit number that appears above your name and address on the back of the Notice.
You may click here to file a claim online or you may click the "File A Claim" link on the homepage. Complete the online claim form to the best of your ability and certify that the information you are claiming is true and accurate to the best of your knowledge. Make sure to complete the required fields. Your claim will not be accepted if it is not certified. You will receive an email confirming the receipt of your claim if it is filed correctly.
To file a claim by telephone, call toll-free 1-877-426-7494 and select the "File A Claim" option from the main menu. You must have a Notice with your claimant identification number to file by phone. You do not need this information to file a claim online, although it is helpful.
Claims must be submitted no later than February 11, 2013.
If you have lost or misplaced your identification number, or you believe you are eligible to participate in this settlement but did not receive a notice in the mail, you may still submit a claim online.
You may click here to file a claim online or you may click the "File A Claim" link on the homepage. Click the "Do Not Have Identification Number" option when you begin. Complete the online form to the best of your ability and make sure to complete the required fields on the form. You must also certify that the information you are claiming is true and accurate to the best of your knowledge. Your claim will not be accepted if it is not certified. You will receive an email confirming the receipt of your claim if it is filed correctly.
You should file a claim even if you do not know if you are eligible for a cash payment. If you are entitled to debt forgiveness but Check Into Cash, for any reason, is not able to provide that debt forgiveness, you may instead be eligible for a cash payment if you submit a claim. Claims must be submitted by February 11, 2013.
You may click here to find out how many Check Into Cash loans transactions you had, or you can click the "Number of Loan Transactions" link on the homepage. The eight-digit identification number printed above your name and address on the postcard notice you received in the mail is required to access this information.
Please be advised that the loan information provided on this website pertains only to the payday loan transactions you entered into with Check Into Cash in Missouri between November 19, 2005 and May 12, 2012. You may have additional Check Into Cash loan transactions not included in this Settlement.
If you do not want to be legally bound by this settlement, you may request to be excluded. If you exclude yourself, you are not eligible to receive any of the Settlement benefits for which you are eligible, but you will retain the right to pursue your own legal claims against Check Into Cash related to any payday loans transactions occurring between November 19, 2005 and May 12, 2012.
Your written opt out request must include your full name, current mailing address, a statement indicating you wish to be excluded from the "Lundy v Check Into Cash of Missouri, Inc." settlement, and your signature.
You must mail your written opt out request postmarked no later than February 11, 2013 to:
Check Into Cash Settlement Administrator
PO Box 3614
Minneapolis, MN 55403-0614
Any Class Member who does not opt out of the Settlement may object to the fairness, reasonableness or adequacy of this Settlement or the amount of attorneys' fees. A written objection must be mailed to class counsel, counsel for Check Into Cash, and filed with the Court as detailed below.
Your written objection, verified by sworn affidavit, must include the following items:
If your objection is presented through an attorney, the written objection must also include the following items:
You must also make yourself available in the Kansas City area to Class Counsel and Check Into Cash's Counsel for deposition at least 15 days prior to the March 15, 2013 Fairness Hearing if you submit an objection.
If you comply with all of the above criteria, and you timely submit a Notice of Intent to Appear with Class Counsel and Check Into Cash's counsel no later than 15 days prior to the hearing, you may also appear at the Fairness Hearing, in person or through counsel hired at your own expense, to make your objection.
The Notice of Intent to Appear must include:
Objections and Notices of Intent to Appear must be postmarked by February 11, 2013 and sent to Class Counsel and Counsel for Check Into Cash at the addresses listed below. These same documents must be filed with the Court no later than February 11, 2013 at the address listed below.
Counsel for Check Into Cash:
Jeffrey J. Swart
Clerk of Court:
Circuit Court of
Hubbard & Ardebili, L.L.C. of Lee's Summit, Missouri has been appointed Class Counsel for the Settlement Class. Class Counsel represents the interests of Class Members and you are not charged for their services. You may hire your own attorney at your own expense, but you are not required to do so.
Hubbard & Ardebili, LLC
256 N.E. Tudor
Lee's Summit, MO 64086
Class Counsel will apply to the Court for an award of reasonable attorneys' fees and costs in an amount not to exceed $75,000. The Court will consider this request, and determine the final amount to be paid to Class Counsel, at or after the Fairness Hearing scheduled for March 15, 2013.
To receive additional information, you may email your questions to the Settlement Administrator at mail@CICMissouriSettlement.com, or send your questions by mail to:
Check Into Cash Settlement Administrator
PO Box 3614
Minneapolis, MN 55403-0614
This website will be updated to reflect the most current Settlement information available. You can also view certain Settlement Documents on this website.