Guyton v. Abrahamsen Gindin, LLC, No. 2023-CA-001242 (Duval County, Fla. Apr. 6, 2023)
What is this lawsuit about? Deloise Guyton sued Abrahamsen Gindin, LLC ("Defendant”) alleging that Defendant attempted to collect debts from consumers in Florida even though Defendant was not registered as a consumer collection agency with the State of Florida Office of Financial Regulation. Ms. Guyton alleged that Defendant's conduct violated the federal Fair Debt Collection Practices Act ("FDCPA"). Defendant denies the allegations, including that it violated the FDCPA.
Why did you receive this notice? You received this notice because Defendant identified you as a potential member of the settlement class, which consists of persons with a Florida address from whom Abrahamsen Gindin, LLC attempted to collect a consumer debt between June 24, 2020 and November 30, 2021.
What does the settlement provide? First, Defendant will pay $16,900 (the “Settlement Fund”), which will cover payments, on a pro rata basis, to those class members who make a timely and valid claim. Second, Defendant will pay $2,460 (the “Reimbursement Fund”), from which class members who made payments to Defendant, and who do not exclude themselves from the settlement, will be reimbursed, in full, regardless of whether they submit a claim. Then, separate from the Settlement Fund and Reimbursement Fund, Defendant also will pay: (1) the costs and expenses of administrating the class action settlement; (2) $1,000 to Ms. Guyton; and (3) an award of attorneys’ fees and expenses not to exceed $55,000 in total to counsel for Plaintiff, subject to court approval. Class Counsel estimates that each person who participates in the settlement by submitting a timely and valid claim will receive between $50 and $150 from the Settlement Fund. Participating Class Members may receive more or less money depending on the number of persons who choose to participate.
What are my legal rights and options? As a class member, you have four options. First, you may timely complete and return the claim form found on the backside of this postcard, in which case you will receive a share of the Settlement Fund, and you will release any claim(s) that you have against Defendant related to the claims in this case. Second, you may do nothing, in which case you will not receive a share of the Settlement Fund, but you will release any claim(s) that you have against Defendant related to the claims in this case. Whether you submit a claim or not, you will be reimbursed for any payments you made to Defendant as long as you do not exclude yourself from the settlement. Third, you may exclude yourself from the settlement, in which case you will not receive a share of the settlement fund, but you will not release any claim(s) that you have against Defendant. And fourth, you may object to the settlement. The deadline to submit a claim, object to the settlement, or exclude yourself is June 5, 2023.
When is the final fairness hearing? The Court will hold a final fairness hearing on July 12, 2023, at 9:30 a.m. The hearing will take place in the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida, 501 W. Adams Street, Jacksonville, FL 32202. At the final fairness hearing, the Court will consider whether the settlement is fair, reasonable, and adequate and, if so, whether it should be granted final approval. The Court will hear objections to the settlement, if any. The Court may make a decision at that time, postpone a decision, or continue the hearing.