Posted by Marian_in_CA on 1/21/10 2:09pm
Msg #318834

NNA/Signix Class Action Notice

Just in case some of you missed this one that just came through email. How lovely... they'll give us a free year of NNA membership for violating the FCRA.

I wonder if this is related to their recent changes about CSA status being extended to coincide with the background check.

Seems some interesting things are happening over there lately.
=========

http://www.nationalnotary.org/settlement.htm


A Federal Court authorized this Notice. This is not a solicitation from a lawyer.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION

MICHAEL ANDERSON, et al. v. SIGNIX, INC., et al. Case No.: 3:08cv570

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT, SETTLEMENT HEARING, AND RIGHT TO APPEAR

This is a proposed settlement with National Notary Association and Signix, Inc. This notice summarizes your rights. More information is available at the website, www.NationalNotary.org/settlement.htm or by calling (757) 930-3660.

What Is The Case About?

If you are a class member, your background check was requested by the National Notary Association and obtained by Signix, Inc. on behalf of National Notary Association, to make a decision about whether you could receive an Association certification. The suit alleges that Defendants violated the provisions of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, et seq. (the “FCRA”) by (1) procuring a consumer report or causing a consumer report to be procured for employment purposes with respect to the consumers without (i) first providing them with a clear and conspicuous disclosure in writing in a document that consists solely of the disclosure that a consumer report may be obtained for employment purposes; and (ii) obtaining the consumers’ proper written authorization to procure such consumer reports for the time period from May 22, 2007 to April 22, 2009 (the “Class”). The suit also alleges that Defendants violated the provisions of FCRA with respect to a small sub-class of these consumers by taking adverse action against these consumers based whole or in part on the consumer report during the time period October 6, 2006 to April 22, 2009 without (i) providing these consumers with a copy of their report and a description in writing of their FCRA rights and (ii) notifying these consumers that the consumer reporting agency that prepared the reports did not make the decision to take the adverse action and was unable to provide the consumers with the specific reasons why the adverse action was taken (the “Sub-Class”).

Why Did I Get This Notice Package?

According to the records of National Notary Association, you are a member of the [Class] [Sub-Class].

The Court sent you this Notice because you have a right to know about a proposed Settlement of a Class Action lawsuit, and about your options, before the Court decides whether to approve this Settlement. If the Court approves the Settlement and after objections and appeals are resolved, National Notary Association will distribute the benefits the Settlement allows.

Who Are The Class Members?

Who is a Class Member? For the period from May 22, 2007 through April 22, 2009, all notaries who applied to National Notary Association for certification and were entitled to Defendants (i) providing them with a clear and conspicuous disclosure in writing in a document that consists solely of the disclosure that a consumer report may be obtained for employment purposes; and (ii) obtaining the consumers’ proper written authorization to procure such consumer reports are Class Members.

Who is a Sub-Class Member?

For the period from October 6, 2006 to April 22, 2009, all Class Members against whom Defendants allegedly took adverse action without (i) providing these consumers with a copy of their report and a description in writing of their FCRA rights and (ii) notifying these consumers that the consumer reporting agency that prepared the reports did not make the decision to take the adverse action and was unable to provide the consumers with the specific reasons why the adverse action was taken are Sub-Class Members.

If you are not sure whether you are included in the Settlement, you can ask for free help. You can visit www.NationalNotary.org/settlement.htm, or call (757) 930-3660.

What Are the Settlement Benefits?

Each qualifying Class Member (except Sub-Class Members) is entitled to $52.00. This $52.00 payment shall be made in the form of a credit that may be used for goods or services available from National Notary Association website, including association dues, for up to one year. In lieu of this payment by credit, each qualifying Class Member (except Sub-Class Members) may request a $52.00 cash payment by completing the appropriate form attached hereto as Exhibit “1” within ninety (90) days of being sent this notice to:

Class Counsel
Leonard A. Bennett
Consumer Litigation Associates, PC, Suite 100
12515 Warwick Blvd.
Newport News, VA 23606
[e-mail address]
With a copy to:
Art Silbergeld, Esq.
BINGHAM MCCUTCHEN LLP
1620 26th Street, Fourth Floor, North Tower
Santa Monica, California
90404

Qualifying Sub-Class Members are each entitled to a payment in the amount of $250.00 solely in cash funds.

How Can I Receive Benefits?

Each Class Member (except Sub-Class Members) will automatically receive the $52.00 payment by credit and each Sub-Class Member will receive a check in the amount of $250.00 without doing anything if the Court grants final approval to the Settlement. Your interests as a member of the Settlement Class will be represented by the Class Representative and Class Counsel without charge to you. You will be bound by any judgment approving or disapproving the Settlement.

When Will I Receive My Benefits?

The Court will hold a hearing on May 21, 2010 to decide whether to approve the Settlement. It will take time for the Court to make its decision and for the settlement to become final. There could be delays if there are any appeals to the Settlement. Please be patient. You can check the website page, www.NationalNotary.org/settlement.htm for updates on the case.

What Am I Giving Up To Stay in the Class and Receive Benefits?

Unless you exclude yourself, you cannot sue, or be part of any other action against National Notary Association or Signix, Inc. regarding the legal issues in this case involving the disclosure and the notice that was to proceed the adverse action. This means you will give up any right to sue National Notary Association and Signix, Inc. for any claims that you may have that are covered by the Settlement.

How Do I Get Out Of The Settlement?

If you exclude yourself from this Settlement you do not receive any of its benefits. To exclude yourself from the Settlement, you must send a letter by mail within ninety (90) days after being sent this notice saying that you want to be excluded from Michael Anderson, et al v. Signix, Inc., et al. Be sure to include your name, address, telephone number, and your signature. Also be sure to clearly identify your letter as a “Request for Exclusion from the FCRA Settlement Class.” You must mail your exclusion request postmarked no later than than 90 days from the date you were sent this notice, to:

Class Counsel
Leonard A. Bennett
Consumer Litigation Associates, PC, Suite 100
12515 Warwick Blvd.
Newport News, VA 23606
[e-mail address]
With a copy to:
Art Silbergeld, Esq.
BINGHAM MCCUTCHEN LLP
1620 26th Street, Fourth Floor, North Tower
Santa Monica, California
90404

You cannot exclude yourself on the phone or by e-mail.

Unless you exclude yourself, you will remain a part of the Settlement Class and you give up the right to sue National Notary Association and Signix, Inc. for any claims covered by this Settlement.

Who Represents You?

The Court has appointed The Consumer & Employee Rights Law Firm, P.C. and Consumer Litigation Associates, PC of Newport News, Virginia to represent you as “Class Counsel.” You do not have to pay Class Counsel, or anyone else, to participate. You may hire your own attorney if you wish. However, you will be responsible for that attorney’s fees and expenses. Michael Anderson, Jeffrey Scott Davis, Lisa M. Davis, Janet Lynn Hall, Jon Jones, Ramona Rodriguez, Renardo Sarvis, Marie E. Smith, Mary Kay Steele, and Joe Zamora are Class Members like you, and have been appointed by the Court to be the “Class Representatives.”

Will The Lawyers And Class Representatives Be Paid?

Class Counsel will ask the Court for attorney’s fees and expenses of 25% of part of the settlement fund which is estimated to be approximately $900,000.00, which Defendants have agreed not to oppose, and National Notary Association will pay the reasonable fees and expenses incurred by Plaintiffs. National Notary Association will also pay the costs of notice and to administer the Settlement.

How Do I Object To The Settlement?

If you do not request exclusion from the Settlement Class, you can object to any aspect of the proposed Settlement, by filing and serving a written objection. You must sign your objection personally, and it must be filed and served on the Court, Class Counsel and Defense Counsel on or before ninety (90) days after being sent this notice. Moreover, your objection must contain a caption or title that identifies it as “Objection to Class Settlement in Michael Anderson, et al v. Signix, Inc., et al.” Your objection should also contain information sufficient to identify yourself, as well as a clear and concise statement of your objection, the facts supporting your objection, and the legal basis on which your objection is based.

If you intend to appear in person or through your own attorney at the final Settlement Hearing, you must file a written notice of appearance with the Clerk of Court no later than ninety (90) days after being sent this notice. Moreover, if an attorney will appear on your behalf your notice of appearance must identify your attorney’s name, address and telephone number.
You must mail your objections to all of these three different places postmarked no later than 90 days from the date you were sent this notice:

COURT CLASS COUNSEL DEFENSE COUNSEL
The Honorable Fernando Galindo, Clerk
United States District Court for the Eastern District of Virginia, Richmond Division
701 East Broad St., Suite 3000
Richmond, VA 23219-3528 Leonard A. Bennett
Consumer Litigation Associates, PC
Suite 100
12515 Warwick Blvd.
Newport News, VA
23606

Christopher Colt North
The Consumer and Employee Rights Law Firm, P.C.
751-A Thimble Shoals Boulevard
Newport News, VA 23606 Art Silbergeld, Esq.
BINGHAM MCCUTCHEN LLP
1620 26th Street, Fourth Floor, North Tower
Santa Monica, California 90404

Ryan A. Kurtz
Miller & Martin PLLC
1170 Peachtree St. NE, Suite 800
Atlanta, GA 30309-7649

Mark C. Shuford, Esq. and Matthew B. Chmiel, Esq.,
Kaufman & Canoles, P.C.,
1051 East Cary Street, 12th Floor,
Richmond, VA 23219

When And Where Will The Court Decide Whether To Approve The Settlement?

The Court will hold a final Settlement Hearing at 11 a.m., on May 21, 2010 in the United States District Court for the Eastern District of Virginia, Richmond Division, which is located at 701 East Broad Street, Richmond, Virginia 23219. At this hearing the Court will consider whether the Settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. Judge Williams will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Settlement.

You do not have to come to the hearing. Class Counsel will answer questions Judge Williams may have. But, you are welcome to come at your own expense. If you submit an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it.

You may ask the Court for permission to speak at the final Settlement Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Michael Anderson, et al v. Signix, Inc., et al.” Be sure to include your name, address, telephone number and signature. Your Notice of Intention to Appear must be filed with the Clerk of Court no later than ninety (90) days after being sent this notice, and be sent to the Clerk of the Court, Class Counsel, and Defense Counsel, at the three addresses listed above. You cannot speak at the hearing if you excluded yourself, nor may you speak at the hearing and object to the settlement unless you have previously filed an objection as set forth above.

Are There More Details About The Settlement?

This Notice summarizes the proposed Settlement. More details are in the Stipulation of Settlement. You can get a copy of the Stipulation of Settlement by visiting the website at www.NationalNotary.org/settlement.htm or by writing to Class Counsel, Leonard A. Bennett, Consumer Litigation Associates, PC, Suite 201, 12515 Warwick Blvd., Newport News, VA 23606 or Christopher C. North, The Consumer & Employee Rights Law Firm, P.C., 751-A Thimble Shoals Boulevard, Newport News, VA 23606

Reply by Lee/AR on 1/21/10 2:12pm
Msg #318835

Cool! n/m

Reply by Marian_in_CA on 1/21/10 2:17pm
Msg #318836

Re: Cool!

I let my membership lapse last year and I thought it was really weird that they recently sent me a notice that my Signing Agent status has been reactivated. Now I think I see why.

Reply by MW/VA on 1/21/10 2:25pm
Msg #318838

I wonder why these bgc's cause so many problems. I had mine done by Lexis-Nexis a couple of years ago. LN was involved in a class-action suit also. I got $1,000 because they had violated Fair Credit Reporting Act in getting some info corrected on my report (only addresses--no big deal). This whole thing makes me suspicous. It seems lawyers are following NNA around, looking for this sort of thing. It really has me puzzled.

Reply by MW/VA on 1/21/10 2:57pm
Msg #318846

Another strange aspect to this is that both suits were brought in VA.

Reply by John Schenk on 1/21/10 2:35pm
Msg #318840

REQUEST CASH PAYMENT!

That'll be a lot rougher on them than getting a free membership, which costs them nothing. LOL If everyone that gets this notice requests a cash payment, that's gonna hurt.

JJ

Reply by NC_Notary on 1/21/10 2:37pm
Msg #318841

Anyone come across the form (Exhibit "1")???

Could not find the attachment.....

TIA

Reply by Marian_in_CA on 1/21/10 2:51pm
Msg #318844

Not surprised they didn't send it...

I can't find it either. I want the cash, too.

It says,

" In lieu of this payment by credit, each qualifying Class Member (except Sub-Class Members) may request a $52.00 cash payment by completing the appropriate form attached hereto as Exhibit “1” within ninety (90) days of being sent this notice to:

Class Counsel
Leonard A. Bennett
Consumer Litigation Associates, PC, Suite 100
12515 Warwick Blvd.
Newport News, VA 23606
[e-mail address]

With a copy to:

Art Silbergeld, Esq.
BINGHAM MCCUTCHEN LLP
1620 26th Street, Fourth Floor, North Tower
Santa Monica, California
90404"


I'm going to email that Leonard Bennett guy and ask for the form.

Reply by Cari on 1/21/10 5:18pm
Msg #318877

AGREE...cash payment will be a big OUCH! n/m

Reply by Moneyman/TX on 1/21/10 2:47pm
Msg #318842

$52 for one's wronged and $900,000.00 for Lawyers LOL

Another interesting notice within this notice that once again makes me wish I had gone to law school. LOL

"Will The Lawyers And Class Representatives Be Paid?
Class Counsel will ask the Court for attorney’s fees and expenses of 25% of part of the settlement fund which is estimated to be approximately $900,000.00, which Defendants have agreed not to oppose, and National Notary Association will pay the reasonable fees and expenses incurred by Plaintiffs...."

$900,000.00! LOL I AM in the wrong business!

Just thought I would pass this along. This notice was sent to an old email address that I don't check very often.

Reply by MW/VA on 1/21/10 2:59pm
Msg #318848

Re: $52 for one's wronged and $900,000.00 for Lawyers LOL

You bet. Class Action Suits & Torts are big money makers. Too bad that ultimately we're all paying for it.

Reply by Marian_in_CA on 1/21/10 3:03pm
Msg #318853

Re: $52 for one's wronged and $900,000.00 for Lawyers LOL

It makes me wonder, though... why $52? Don't they charge more for the background checks?

Reply by BrendaTx on 1/21/10 3:46pm
Msg #318860

Who cares...as long as they have to pay, pay, pay. :) n/m

Reply by John Schenk on 1/21/10 5:27pm
Msg #318880

It's not $900,000 atty. fees...read it again

It's 25% of $900,000.00, just like it says. It's a $225,000 atty fee, plus expenses. 25% is NOT a big attorney's fee.

JJ

Reply by BrendaTx on 1/21/10 6:12pm
Msg #318888

Re: It's not $900,000 atty. fees...read it again

They did negotiate a sweet deal on the atty fees.

Reply by Frances Kany on 1/22/10 8:09am
Msg #318986

Re: It's not $900,000 atty. fees...read it again

I work for an attorney's office in addition to my signing agent business. IMO 25% is really reasonable. There is a lot of work and sometimes many expenses involved in litigating any case and attorneys and their employees deserve to be able to make a living.

Without the attorneys NO one would be compensated. Just my humble, humble opinion. Everyone here is certainly entitled to theirs and I will not disagree they have a right to it. I don't care too much for NNA either but before everyone jumps on the attorneys are bad bandwagon I just wanted everyone to realize that attorneys work to litigate lawsuits AND they pay out of their pocket UPFRONT on the fees etc.

I am off my soapbox now.

Reply by BrendaTx on 1/22/10 8:15am
Msg #318987

Re: It's not $900,000 atty. fees...read it again

Preaching to the choir, here, Frances.

I get so tired of people wanting self-employed professionals to make whatever they feel like paying them. Sound familiar??

Reply by Moneyman/TX on 1/21/10 6:53pm
Msg #318899

A large fee for the injured party to receive only $52 n/m

Reply by Marian_in_CA on 1/21/10 7:00pm
Msg #318901

The plaintiffs each get $2500 n/m

Reply by John Schenk on 1/21/10 7:04pm
Msg #318904

Re: The plaintiffs each get $2500 ...WRONG

Only the named Plaintiffs that began the class action receive $2500.00.

JJ

Reply by Marian_in_CA on 1/21/10 7:58pm
Msg #318917

That's what I meant... just those few individuals n/m

Reply by John Schenk on 1/21/10 7:30pm
Msg #318913

Re: The plaintiffs each get $2500

Here's that part of the settlement, Marian.

"7.3 Each named Plaintiff will receive compensation for serving as class representative in
the amount of $ 2,500 (the “Incentive Award”). This amount is payable by NNA on the day that
A/73247702.5
Case 3:08-cv-00570-RLW Document 39-2 Filed 12/29/2009 Page 17 of 422
Judgment becomes final and unappealable, but shall be included within the 25% cap provided in
Section 7.2 and not paid over and above such amount."

These Plaintiffs will receive $2500.00:

1.18 “Plaintiffs” means Michael Anderson, Jeffrey Scott Davis, Lisa M. Davis, Janet
Lynn Hall, Jon Jones, Ramona Rodriguez, Renardo Sarvis, Marie E. Smith, Mary Kay Steele,
and Joe Zamora.

Nobody else will receive $2500.00.

I didn't read all of the Stipulation of Settlement, I just scanned it real quick.

JJ

Reply by John Schenk on 1/21/10 7:03pm
Msg #318902

Re: A large fee for the injured party to receive only $52

So instead of them getting $69.00, they get $52.00. Without the work of that firm they would have got NOTHING...ZERO...NADA! Sounds reasonable to me.

JJ

Reply by Moneyman/TX on 1/21/10 6:59pm
Msg #318900

So it took $675K in expenses for this? Really? Really? n/m

Reply by John Schenk on 1/21/10 7:12pm
Msg #318907

Re: So it took $675K in expenses for this? Really? Really?

You obviously don't have a clue about the amount of work that goes into a class action lawsuit, even with the number of claimants involved in this particular class action suit.

The settlement included the attorney's fees and expenses, and all the atty. got was about $225K for all of his costs in pursuing this case. There's a helluva lot of office staff required to do one of these actions, and a lot of work required. I would guess the attorney wasn't tickled with the amount his fees were. He'd probably be lucky to net 25% of that $225K, which is a pretty lousy payday for a class action suit.

In case you still don't understand, the 25% attorney's fee, approximately $225K, includes the attorney's expenses in pursuing this litigation. It's a chump change settlement, but they won and the folks get something, which is more than they had, or ever expected to get for 99% of them.

JJ

Reply by Moneyman/TX on 1/21/10 7:29pm
Msg #318912

Re: So it took $675K in expenses for this? Really? Really?

Actually I do understand. The area where I live has the largest number of lawsuits filed in relation to the number of people living in the area. You can't hardly throw a stone around here without hitting either a church, convenient store, or an attorneys office. In one hour of tv time in this market to not see at least 6 ads for atty's is unusual regardless of what channel you watch.

When the state of TX was suing the tobacco companies, a local lawyer signed his firm up to fight on the states side only one week before they settled. One lawyer, that was on that suit used his pay from it to build his nearly 2 million dollar house. According to him, the firm received a cut of the "expenses" when they had hardly any in comparison to the state atty's. And that was only one from that firm.

These suits are an easy way for atty's to create large payoffs for themselves while the party they are supposed to be fighting for end up with peanuts. I've been on the peanut eating end of several of these.

Reply by John Schenk on 1/21/10 8:03pm
Msg #318918

Re: So it took $675K in expenses for this? Really? Really?

I don't disagree with the general premise that most folks in a class action suit come out without squat...peanuts as you say. That's quite true, but this one isn't one of them, relatively speaking. It was a peanuts case to start out with and it ended up with a peanuts settlement. Most of the folks that are in that approximate 400 page list may not have even known they were potentially a party to this class action, although they may have all gotten notice of it, and should have.

There are provisions to opt out of the class action settlement. In fact, it provides that if 25% of the potential parties opt out then there is no settlement at all. 1 person could opt out and say "Screw it...I want more!" That is a PERSONAL choice, as it is in all class action suits. Every person on that list has the option to opt out of the settlement. If $52 isn't enough for you, opt out and go get you a lawyer, or handle it on your own, and see how you fare.

I'm not on the list as I never did anything with NNA so I have no dog in this hunt, don't really give a s**t about it, other than it was posted on here and I found it interesting, as I could just have easily have been a member of the class if I had applied when FASS told me I had to have it. I decided "screw it," and still do work for them on occasion.

As I posted, I haven't read the whole Stipulation of Settlement, and really don't need to. I only addressed silly posts that were attacking it, and copied the provisions that showed they were just clearly wrong as they were so very easy to find.

As for the firm in Austin that got a cut of the "expenses," I would "imagine" that this had to do with a tremendous amount of work in getting notices out, although I don't really know, but surmise from what you stated. Can you imagine what an undertaking that is, and how many freakin potential smoking Plaintiffs that entailed? Remember that a class action lawsuit is supposed to encompass the entire class of people that could be affected by that action throughout the United States, just as this one does. It's not just Virginia, it's every potential member of that class throughout the entire United States. Tobacco company litigation includes a helluva lot more member than those in this class action, although I have no idea what that attorney got or what he did to earn that fee. The Court has to approve it, just as it will have to approve it in this case. As a part of the settlement the Defendant had to approve it also, just as the Defendants did in this case. The members of the class action also have to approve it, or they can opt out or simply not claim their recovery, which is also in place in this particular action.

Class action lawsuits are so tremendously expensive to pursue, and I agree that for the most part it's going to end up being "peanuts" for the claimants, as a general rule. It then becomes a question of whether or not anything was accomplished by that class action, and not really what a law firm made that brought it. Many class actions have been hugely successful in bringing about changes for the good, and many should never have been filed in the first place. Nonetheless, they are huge undertakings by a law firm, with a great amount of expenses put out up front by those firms to fund those actions to get them going. That's money right out of their azz pocket that no member of the class paid up front, for the most part. I doubt you paid any expenses to pursue a class action suit in any case you were a claimant in, did you? Did the other members of the class pay any expenses as the case went along, or up front? NO! Who's money was on the line, and funded the suit for there to be any recovery at all? THE LAWYER! Without that, it never would have happened in the first place and there would have been no recovery for anyone. Think about it!

JJ

Reply by Moneyman/TX on 1/21/10 10:33pm
Msg #318962

Re: So it took $675K in expenses for this? Really? Really?

John,
In general, I don't disagree that the lawyers involved (from start to end not the ones jumping in because the gov is a friend) put in exposure & expenses in both time and money in these cases. However, I have yet to be a person to seek out an attorney to start one. So far every one that I have been involved in (always notified after a settlement is either made or about to be approved) has always had a settlement that, other than the cash out to the lawyers, is always some form of settlement that is a from of trade off for the offending company.

In fact, this is the first one in which the settlement dollar value amt ($52 in this case) could be received in actual cash. I've had offers such as AT&T phone cards. Of course, I must sign a contract for service with them and pay a discounted fee for the phone - base line model in order to get that great settlement. Never mind, that the reason for the suit in the first place cost me over $500 personally (cost others more and others less).

I probably would think that the pay for their service would be more appropriate if the settlements were not such a cash windfall for them and something that costs the companies in actual cash out only pennies on the dollar for the plaintiffs. In this case, if someone is no longer a member of NNA the $52 is exactly the price of a one year membership (wounder how they came up with that number as damages). No actual cost to the company. The services are already being provided to the current paying members.

Don't get me wrong, I believe business owners and investors should make more money than the end user. They had more to loose if it didn't work out. I also believe that the pay, or profit, should also be relevant to the value of the service or product provided.

It's the same kind of feeling I get when I hear that the gov't has fined a company for price gouging after a natural disaster. They keep all the money, however the person that just lost everything and running low on money was charged 20 times the selling rate for something. They don't receive anything, especially if when paying the fine that company goes out of business. I think you understand what I mean. I'm not against lawyers, only the ones making sweet-heart deals for the companies they sue and themselves at the expense of the plaintiffs.

Reply by John Schenk on 1/21/10 11:42pm
Msg #318970

Re: So it took $675K in expenses for this? Really? Really?

I think the recipients should take their fee in actual CASH. NNA has a self insured amount in some number. If they get off with simply giving folks a membership for a year, they're out no cash outlay. I think folks should make them give them the cash, and then if they want to pay the annual fee to stay in it, they can still do that, but there will be a bit of a cash crunch in there somewhere to get their attention.

A settlement is ALWAYS a trade-off between the parties, no matter what kind of lawsuit it may be. In a class action, you can decide to go with the flow, or you can opt out. Not a perfect system, but that's just the way it works. Settlements are a compromise...they're neither all good, and usually not all bad, but a compromise of the issues that folks either agree to, if they think it in their best interests, or they don't agree to it. I have one right now that we have 5 days to accept the offer, or reject it, and if it's rejected, and the jury verdict is less than the offer, the Plaintiff is on the hook for the Defendants attorney's fees, and costs. Not our decision to make. It's the Client's decision to make. The law firm then decides if they want to withdraw, or not. In this one, I expect my boss will withdraw if the offer is not taken. A bull in the road case is not a real good case to try in Oklahoma, especially when the venue is in a very rural county. I can get all her bills paid, and a little jingle in her pocket. The firm ends up with basically nothing but our costs back. The case should have never been taken in to begin with. I never would have looked at it twice and would have sent the lady on her way. You cut your losses, and get out when you see the action won't make you a buck. That's just business. Wonderful client, just a hard set of facts, and Oklahoma law, that will kill you in a venue that sucks. Actually, she hit a bull first, then hit an oncoming car, and then got rear-eneded. Settled the passengers case for a fair amount, but the driver is a different story as different rules apply to her.

You can't fit every case into a category that applies to all cases. Each case is unique, and must be dealt with on its own merit. I'm not trying to defend every action that occurs in the U.S.. There are bad settlements, and there are good ones. A party to any settlement has the choice to accept that settlement, or not, just as they do in this case against NNA, et al.. Nobody is forced to accept that settlement, and if 25% of the class opt out, there is no settlement, according to the Stipulation. It's still subject to Court approval, which will be given if 25% don't opt out of this settlement. NNA, etc. will not oppose the atty fee, including costs, of UP TO 25%, which means that the fee, including costs, will be 25% as they won't oppose anything under that. They fees, and costs, will be 25%, IMO. The attorney's net will suck in this case, but it was a dinky case to start with. Personally, I think they took them to bat, and although they didn't hit a homer for fees, they accomplished something. NNA got told to cut this shit out, and we see what happens from there.

JJ

Reply by John Schenk on 1/21/10 5:34pm
Msg #318883

Actually the 25% to the atty. includes expenses...

except for the costs of the notices and administration of the settlement, which NNA has to pay.

JJ

Reply by kflorida on 1/21/10 3:35pm
Msg #318858

so i had 2 background checks from 2004-2008.....so i guess i am included and you know what is funny i am in the process of doing one now and they did not disclose a thing to me again....and the link won't work for the check

Reply by Marian_in_CA on 1/21/10 4:08pm
Msg #318861

If you want to elect for the cash... here's the link

See the PDF file at:

http://www.nationalnotary.org/stipulation.pdf


The "Exhibit 1" form is toward the end of that file.

Obviously, this is for those who had BGCs done with them during the time period. You should have received an email from them today. If you didn't and think you should be on the list, definitely call them and find out or get yourself added.

I'm all for making the NNA pay out cash.

Reply by Marian_in_CA on 1/21/10 4:09pm
Msg #318862

PS....

It's the form that says:


"I hereby elect to receive $52.00 via check in lieu of receiving a $52.00 benefit for my use
towards any goods or services available on National Notary Association’s website."

Never been happier to sign my name to a piece of paper for a long time.

Reply by Marian_in_CA on 1/21/10 4:12pm
Msg #318864

And one more thing... check that PDF for your name.

The PDF file is over 400 pages!! Do a search for your name to see if they have you on record. There are a LOT of names on that list.

Reply by parkerc/ME on 1/21/10 6:16pm
Msg #318890

Re: And one more thing... check that PDF for your name.

Wish they had put the names in alphabetical order.

Reply by parkerc/ME on 1/21/10 6:16pm
Msg #318891

Re: And one more thing... check that PDF for your name.

guess I'll just try a search in the .pdf

Reply by Marian_in_CA on 1/21/10 6:40pm
Msg #318896

That's how I did it...

I just searched for my last name in the PDF file. Turns out there are 6 people with the same last name on the list!

Reply by BrendaTx on 1/21/10 6:13pm
Msg #318889

Re: PS....

LOL...wonder what would happen if non-members filled those out. It would take up a little time to cross check...that would be interesting.

Reply by Marian_in_CA on 1/21/10 6:41pm
Msg #318897

Heeee heee n/m

Reply by John Schenk on 1/21/10 5:23pm
Msg #318879

Re: If you want to elect for the cash... here's the link

Roughly about 17,000 included in it, or close to $900,000.00 cash at $52, just to pay off the folks named. I'm sure they're thinking most of them will just swap out hopefully for a membership, or next best choice for them is supplies rather than requesting the cash. Hope they get a majority of cash requests.

JJ

Reply by NC_Notary on 1/21/10 6:42pm
Msg #318898

Thanks for the link Marian!!! n/m

Reply by Shelly/PA on 1/21/10 4:19pm
Msg #318865

Did you notice no Exhibit 1 to get the cash.

Reply by Marian_in_CA on 1/21/10 4:27pm
Msg #318866

See above... it's there...

The exhibit, or cash claim form is in the PDF file, toward the end. But yeah... they hid it reallly well. Obviously, the NNA doesn't want us to find it.

Reply by Moneyman/TX on 1/21/10 4:44pm
Msg #318870

Re: See above... it's there...

Actually, the email is from the atty's. NNA just has to pay the cost to distribute it. I think the atty's are the ones that don't want any cash to go to anyone else.

Reply by Marian_in_CA on 1/21/10 4:54pm
Msg #318873

Re: See above... it's there...

Either way, the NNA is ultimately paying for it. It's a nice change of pace.

Reply by John Schenk on 1/21/10 5:13pm
Msg #318876

Re: See above... it's there...

The attorney would be the one to send out the email, not the defendant. Parties to a lawsuit speak through their counsel.

JJ

Reply by docs1954CA on 1/21/10 5:18pm
Msg #318878

Sounds like membership fees will be going up!!! n/m

Reply by Linda_H/FL on 1/21/10 7:42pm
Msg #318915

No matter how you slice it, that kind of payout HAS

to hurt bigtime...

Reply by John Schenk on 1/21/10 8:08pm
Msg #318919

Re: No matter how you slice it, that kind of payout HAS

Probably covered under a general liability insurance policy, other than the amount they were self-insured for. With the under the table agreements entered into, I would suspect that the very best way to make them pay the most is if everyone demands a cash payment. I'm not a member of the class, but if I was, that's exactly what I would demand. JMO

JJ

Reply by Marian_in_CA on 1/21/10 8:45pm
Msg #318935

Re: No matter how you slice it, that kind of payout HAS

That's what I did, John. I have a feeling, though, that not many of them will be able to find the cash option form, if they even realize they're eligible.

Reply by John Schenk on 1/21/10 9:25pm
Msg #318945

Re: No matter how you slice it, that kind of payout HAS

Most of them probably didn't know they might have anything coming at all. There will be notices mailed to all those people on that list. If they can't figure it out, then that's just the way the cookie crumbles and that money doesn't get paid out to them. You found it, and others will too...although not all of them because they just don't care one way or the other, or they're too lazy, or just goofy. Many people that get notices of being in a class action simply take no action and recover nothing at all. I've been a potential recipient in several myself, but it wasn't worth my time to jack with it, and I expect that will happen with some of these folks in this one too.

LOL Maybe 25% of the people in it will opt out and that'll quash the settlement. That would be a hoot!

It's interesting. I suspect it'll go through as written, but who knows?

JJ

Reply by parkerc/ME on 1/22/10 8:51am
Msg #318994

Re: Automatic payout

The way I read it, for those names on the list (who would also get the email), it will be an automatic $52 credit with NNA for the primary category or a $250 check for the sub category people . . no further action required unless you want to opt-out of the action. Only action required is if your name is not on the list and you feel you should be, or you want the $52 cash unstead of NNA credit.

Reply by parkerc/ME on 1/22/10 8:52am
Msg #318995

Re: Automatic payout

"instead" uh !

Reply by Matt_VA on 1/22/10 9:34am
Msg #318999

Re: Automatic payout

Can anyone explain the "sub catagary class" I'm confused which is what. Plus, I want the $250.00 instead of the $52.00 LOL

Reply by Marian_in_CA on 1/22/10 2:17pm
Msg #319060

The $250 is for those that were rejected certification n/m

Reply by John Schenk on 1/21/10 10:06pm
Msg #318958

Marian, very interesting post!

Glad you posted it, as it could certainly affect quite a few on here that may be a party to it without knowing it yet, although they should get notice if their name is on that list.

Something is better than nothing.

Nice job getting that on here!

JJ

Reply by Claudine Osborne on 1/21/10 10:23pm
Msg #318961

Re: Did I see a familiar name??

I think I recognized a couple of names on that list..Are you on it? I'm not! lol

Reply by Barbara___IL on 1/22/10 11:15am
Msg #319024

Should we complete page 420 and fax it? n/m

Reply by Marian_in_CA on 1/22/10 2:17pm
Msg #319059

If you're on the list... you mail it to the attorneys listed

on the notice. See the link in the very first message in this thread. It has the complete mailing addresses for both.

Reply by jMN on 1/22/10 9:17pm
Msg #319180

So, how do you know whether you are receiving the $52 or the $250? Sorry, I just ran across this after briefly looking over the email I received from NNA. Did NNA automatically just renew our memberships thinking we wouldn't take the cash because I got a renewal letter in the mail not that long ago that said my NNA membership was up for renewal 02/2010 but now when I sign into my NNA account is say my it doesn't need to be renewed until 02/2011. I'm confused. I just want the cash....$52 or $250. Can someone please tell me how I find out which I am receiving? Thanks so much!

Reply by jMN on 1/22/10 9:31pm
Msg #319185

Sorry about the typos. What I meant to say was now when I sign into my NNA account it says my account doesn't need to be renewed until 02/2011.

Reply by Linda_H/FL on 1/23/10 10:09am
Msg #319212

jMN, sent you a p/m... n/m