McCord v. PRG Real Estate Management Inc, et al.

 United States District Court for the Middle District of North Carolina |  Case No. 1:20-cv-854


THE DEADLINE TO SUBMIT A CLAIM FORM EXPIRED ON AUGUST 24, 2021.

What is the Lawsuit about?
The lawsuit alleges that the Defendants improperly charged court filing fees, sheriff service fees, and attorneys’ fees (“Eviction Fees”) when filing summary ejectment/eviction actions against their tenants. The lawsuit also alleged that Defendants threatened to charge allegedly improper Eviction Fees through written correspondence sent on or around the 6th of the month to all tenants who had not made a complete rental payment (the “Collection Letter”).

The lawsuit, as amended, brought four claims for relief: a violation of the North Carolina Residential Rental Agreements Act (N.C.G.S. § 42-46), a violation of the North Carolina Debt Collection Act (N.C.G.S. § 75-50 et seq.), a claim for negligence, and a claim for negligent misrepresentation, as well as seeking a declaratory judgment.

The Defendants deny these claims, contend that they have numerous defenses to the action, and deny that class certification is required or appropriate.
How do I know if I am in the Settlement?
There are two types of Class Members in this Action:
A. Collection Letter Class Members
You are a Collection Letter Class Member if you are a natural person who at any point between August 14, 2016 and June 25, 2018, resided in any of the properties in North Carolina owned and/or managed by any Defendants and received a letter that you would or may be charged Eviction Fees upon the filing of a summary ejectment action or that you owe Eviction Fees. A representative letter can be found here:

B. Eviction Fee Class Members
You are an Eviction Fee Class Member if you are a natural person who at any point between August 14, 2016 and June 25, 2018, resided in any of the properties in North Carolina owned and/or managed by any Defendants and were charged and paid Eviction Fees.

Eviction Fee Class Members are also Collection Letter Class Members as they meet the requirements of both Classes.

Excluded from the Settlement Classes are (1) employees, directors, officers, and agents of Defendants; (2) persons who exclude themselves from the Settlement Classes as provided in this Notice; (3) anyone who has previously executed a written release that related to the collecting or threatening to collect Eviction Fees; and (4) the Court, the Court’s immediate family, and Court staff.
What are my options?
COLLECTION LETTER CLASS
IF YOU DO NOTHING You will remain a member of the Collection Letter Class and will automatically receive a Settlement Benefit. Members of this Class do not need to file a Claim. Members of this Class who are not also members of the Eviction Fee Class are not eligible for non-monetary relief.
IF YOU EXCLUDE YOURSELF BY AUGUST 3, 2021 You will receive no payment from the Settlement. This is the only option that allows you to ever be a part of any other lawsuit against the Defendants or their affiliates about the legal claims in this case.
OBJECT BY AUGUST 3, 2021 Write to the Court about why you think the Settlement is unfair, inadequate, or unreasonable.
GO TO A HEARING ON SEPTEMBER 7, 2021, AT 3:30 P.M If you file an objection by August 3, 2021, and file a notice of intent to appear, you may ask to speak in Court about the fairness of the Settlement or hire counsel to speak on your behalf. To pursue this option, you must file and serve an objection and a notice of intent to appear by the deadlines for doing so.
FILE A NOTICE OF INTENT TO APPEAR BY AUGUST 3, 2021 Your Notice of Intent to Appear in Court at the Hearing must be filed with the Court and served on Class Counsel and Defendants’ Counsel no later than this date.
EVICTION FEE CLASS
IF YOU DO NOTHING You will remain a member of the Eviction Fee Class and will automatically receive a Settlement Benefit. Members of this Class do not need to file a Claim, unless they wish to receive non-monetary relief.
SUBMIT A CLAIM FORM BY AUGUST 24, 2021 You must submit a valid and timely Claim Form if you are making a claim to Set Aside Judgment for Possession Pursuant to Rule 60(b)(5) of the Rules of Civil Procedure. If you submit the Claim Form, you will also receive the monetary Settlement Benefit.
IF YOU EXCLUDE YOURSELF BY AUGUST 3, 2021 You will receive no payment from the Settlement. This is the only option that allows you to ever be a part of any other lawsuit against the Defendants or their affiliates about the legal claims in this case.
OBJECT BY AUGUST 3, 2021 Write to the Court about why you think the Settlement is unfair, inadequate, or unreasonable.
GO TO A HEARING ON SEPTEMBER 7, 2021, AT 3:30 P.M If you file an objection by August 3, 2021 and file a notice of intent to appear, you may ask to speak in Court about the fairness of the Settlement or hire counsel to speak on your behalf. To pursue this option, you must file and serve an objection and a notice of intent to appear by the deadlines for doing so.
FILE A NOTICE OF INTENT TO APPEAR BY AUGUST 3, 2021 Your Notice of Intent to Appear in Court at the Hearing must be filed with the Court and served on Class Counsel and Defendants’ Counsel no later than this date.



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