(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.

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:

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.