Your Legal Rights Are Affected Whether You
Act or Do Not Act. Please Read the Notice Carefully.
If you leased a credit
card processing terminal or swipe pad, and you paid or were asked to pay taxes
or fees on the lease by Northern Leasing Systems, Inc.; MBF Leasing LLC;
Northern Funding LLC; SKS Associates, LLC; or their affiliates, a class action
settlement may affect you.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
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DEADLINE
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Submit
a Claim Form
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The only way to get payment.
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The claim filing deadline has been extended to January 4, 2018 The deadline to file a claim has passed.
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Exclude
Yourself
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Get out of the lawsuit and the settlement. This is the only option
that allows you ever to bring or join any other lawsuit against Leasing
Defendants that raises legal claims that are being settled. You will receive
no payment.
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October 31, 2017 The deadline to exclude yourself from the Settlement has passed.
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Object
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Write to the Court about why you don’t like the settlement, the amount
of attorneys’ fees, or the payments to the class representatives.
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October 31, 2017 The deadline to object to the Settlement has passed.
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Go
to a Hearing
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Speak in Court about the settlement. (If you object to any aspect of
the settlement, you must submit a
written objection by the Objection Deadline.)
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November 28, 2017, 2:30 p.m.
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Do
Nothing
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You will receive no payment and have no right to sue later for the
claims released by the settlement.
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These rights and options—and the
deadlines to exercise them—are explained in the notice.
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The Court in charge of this case still
has to decide whether to approve the settlement. Payments will be made if the
Court approves the settlement and after appeals are resolved. Please be
patient.
How Do I Know If I Am
Affected by the Settlement?
The Court has certified
two classes. Those classes are as follows:
(1) All persons and businesses who
from March 26, 2006 to the present paid any of the Leasing Defendants property
taxes based on a cost greater than the “equipment cost.” “Leasing Defendants”
means Northern Leasing Systems, Inc.; MBF Leasing LLC; Northern Funding LLC;
Jay Cohen; Leonard Mezei; Sara Krieger; Sam Buono; and SKS Associates, LLC. (This class is called the
“Property Tax Equipment Cost Basis Class.”)
(2) All persons and businesses
whose lease numbers appeared on “Schedule 1.” A copy of Schedule 1 is available
for review here.
(This class is called the
“SKS Post-Lease Expiration Class.”)
The two classes combined
will be referred to as the “Settlement Class.” The Settlement Class excludes
(1) the Honorable Judge Claudia Wilken and any member
of her immediate family; (2) any government entity; (3) any person or entity
who acted as an independent sales organization or independent sales or
marketing agent on behalf of Leasing Defendants with respect to any equipment
finance lease; (4) any of the Released Parties (defined below);
(5) Antonio Piazza and Mark Segall and any
members of their immediate families; and (6) any persons who timely opt out of
the Settlement Class.
If you received a mailed copy of the Settlement Notice, Leasing Defendants' records reflect that you are a member of the Settlement Class.
What Is the Lawsuit
About?
The
lawsuit was filed in March 2010 by several small businesses and the owners of
those businesses. The Plaintiffs’ names are Rainbow Business Solutions d/b/a
Precision Tune Auto Care; Dietz Towing, Inc.; Just Film, Inc., which has been
dissolved; Volker Von Glasenapp; Jerry Su; Verena Baumgartner d/b/a Burlingame Motors; Terry Jordan;
the Estate of Lewis Bae; The Rose Dress, Inc.; and
Erin Campbell (collectively, “Plaintiffs”).
On
behalf of the Settlement Class, Plaintiffs allege violations of the Racketeer
Influenced and Corrupt Organizations Act; breach of contract; breach of the
duty of good faith; and unfair business practices under California Business and
Professions Code sections 17200, et seq.
Leasing
Defendants deny that there is any factual or legal basis for Plaintiffs’
allegations. Leasing Defendants deny any liability and deny that Plaintiffs or
any other members of the Settlement Class have suffered injury or are entitled
to monetary or any other relief.
The Court has not
determined whether Plaintiffs or Leasing Defendants are correct.
What Can I Get in the
Settlement?
Every Settlement Class member who files a Valid Claim (defined below)
will receive the following benefits:
(a) Each member of the SKS
Post-Lease Expiration Class from whom monies were actually collected in
connection with the SKS Allegations (described in the Notice) shall receive the
full amount collected, less any refund provided to and received by such
Settlement Class Member in the New York Attorney General Settlement, plus
$41.75.
(b) Each member of the SKS
Post-Lease Expiration Class from whom monies were not actually collected in
connection with the SKS Allegations shall receive $15.
(c) Each member of the Property
Tax Equipment Cost Basis Class shall receive $14.25 for each year after March
26, 2006 that he, she or it paid any Leasing Defendants property taxes based on
a cost greater than the “equipment cost.”
A “Valid Claim” is one
filed by a Settlement Class member who attests, under penalty of perjury, that
(1) Leasing Defendants collected or attempted to collect property taxes or
administrative fees from the Settlement Class Member in connection with a
credit card equipment finance lease; (2) the Settlement Class Member (a)
believes the amounts charged by the Leasing Defendants were improper or (b)
spent time or money investigating or disputing the charges; and (3) the
Settlement Class Member wishes to obtain the benefits provided under this
settlement.
How Do I Make a
Claim?
If
you want to participate in the settlement, you must complete and submit a Claim
Form. We urge you to submit a Claim Form online by clicking here.
If
you do not wish to file online, you can file a paper Claim Form by mail. A copy
of the Claim Form is available for download here. You can also obtain a copy of the
claim form by calling, toll-free, 1-877-221-7632.
Please follow the mailing instructions on the form.
Your claim form must be submitted online or
postmarked by January 4, 2018.
Fairness Hearing
On
November 28, 2017, at 2:30 p.m., the Court will hold hearings to determine (1)
whether the proposed settlement is fair, reasonable and adequate and should
receive final approval; (2) whether the applications for attorneys’ fees and/or
expenses brought by the Plaintiffs’ Counsel should be granted; and (3) whether
the application for class representative payments to the Plaintiffs who brought
the lawsuit should be granted. The hearing will be held in the United States
District Court for the Northern District of California, 1301 Clay Street,
Oakland, CA 94612. The hearing will be held in the courtroom of the Honorable
Claudia Wilken, which is Courtroom 2, Fourth Floor.
The
Court may change the date and time of the Fairness Hearing without another
notice being sent to Class Members. Please check this website for any updates
to the date and time of the Fairness Hearing.
How Do I Get More
Information?
For more details regarding this Settlement, please see
the Settlement Agreement or other documents filed in the case under the “Court
Documents” link on the left. You may also contact the Claim Administrator or Plaintiffs’
Counsel for further information regarding this Settlement:
Claim
Administrator:
Northern
Leasing Settlement
Claim
Administrator
c/o A.B. Data, Ltd.
P.O.
Box 173043
Milwaukee,
WI 53217
877-221-7632
info@northernleasingsettlement.com
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Plaintiffs’
Counsel:
Rainbow Business
Solutions, et al. v. Northern Leasing, Inc., et al. Settlement
Gutride Safier LLP
100 Pine Street,
Suite 1250
San Francisco, CA 94111
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Please
read the Notice carefully. If you have questions, you may call the Northern Leasing Settlement Help
Line at 877-221-7632 or email info@northernleasingsettlement.com.