United States District Court, Northern District of California
Case No. 16-cv-01109-JST
If you received a phone call on your cellular phone from, or on behalf of, Educational Financial Solutions, LLC d/b/a Campus Debt Solutions (“CDS”) then you may be entitled to payment from a class action settlement.
A federal court authorized this notice. This is not a solicitation from a lawyer.
PLEASE DO NOT CONTACT THE CLERK OF THE COURT, THE JUDGE, THE DEFENDANTS, OR ANY DEFENDANTS' COUNSEL OF RECORD WITH QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION.
• A Settlement has been reached in a class action lawsuit involving allegations that CDS and other defendants named below, (collectively “Defendants”) allegedly placed telephone calls to cellular telephones, advertising CDS’s student loan consolidation and loan forgiveness services, using an automated telephone dialing system (“ATDS”), or artificial or prerecorded voice, without providing prior express written consent to receive such phone calls, since October 16, 2013, in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227. Defendants deny all allegations of wrongdoing in the lawsuit. The Court has not decided who is right.
• The total amount of the Settlement Fund is $1,100,000. The cost to administer the Settlement, attorneys’ fees and costs, and payment of a Service Award to the Class Representative will come out of the Settlement Fund. The amount remaining after deducting these amounts will be paid pro rata to Settlement Class Members for whom the Settlement Administrator has obtained mailing addresses. It is estimated that each Settlement Class Member will receive approximately $20.
• In addition, the Settlement enjoins Defendants from using an ATDS to place telemarking calls on behalf of CDS without obtaining prior express written consent.
Who Is A Class Member?
You are in the Settlement Class if on or after October 16, 2013, your cellular telephone was called on by one of the named Defendants, advertising CDS’s student loan consolidation and loan forgiveness services, allegedly using an automated telephone dialing system.
Your Legal Rights and Options
RECEIVE SETTLEMENT BENEFITS
If you received notice of this Settlement in the mail, you will be mailed a Benefit Check without doing anything further. You have the option of updating your address using the Update Address page.
If you only received notice of this Settlement by email and did not receive notice of this Settlement by mail, in order to be mailed a Benefit Check, you will need to provide your address using the Update Address page.
Locating your Class Member ID from your Email Notice (PNG: 7.8 MB)
Locating your Class Member ID from your Postcard Notice (PNG: 256.7 kB)
EXCLUDE YOURSELF FROM THE CLASS
You may also exclude yourself from the lawsuit and keep your right to sue Defendants on your own by sending a written request for exclusion to the Settlement Administrator postmarked by September 24, 2018. If you do not exclude yourself, you will be bound by the Settlement and give up your right to sue CDS and any of the following Defendants regarding the Settlement: Debt.com, LLC, Beta Investment Group, Inc., VentureTech Solutions, LLC and Howard Dvorkin. Please see page 4 of the Long Form Notice (PDF: 154.3 kB) for more details.
COMMENT OR OBJECT
If you do not exclude yourself by opting out from the Settlement, you have the right to comment or object to the proposed Settlement. Written objections must be filed with or mailed to the Court postmarked by September 24, 2018, and provide the reasons for the objection. Please see page 6 of the Long Form Notice (PDF: 154.3 kB) for more details.
ATTEND THE FAIRNESS HEARING
The Court has scheduled a Fairness Hearing on November 15, 2018 at 2:00 p.m., at the United States District Court for the Northern District of California at the Phillip Burton Federal Building & United States Courthouse, 450 Golden Gate Avenue, Court Room 9 (19th Floor), San Francisco, CA 94102. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check back here for updates.
HOW TO OBTAIN ADDITIONAL INFORMATION
This website of Class Action Settlement provides a summary of the proposed Settlement Agreement. If you have any questions concerning this Settlement, you should visit the Documents page. If you have further questions after visiting this Settlement Website, you may call the Settlement Administrator at 1-844-367-8805, or mail your inquiry to the Settlement Administrator at the address below:
You may also contact Class Counsel directly, as follows:
KEMNITZER, BARRON, & KRIEG, LLP
445 Bush Street, 6th Floor
San Francisco, CA 94108
Telephone: (415) 632-1900
EAST BAY COMMUNITY LAW CENTER
1950 University Avenue, Suite 200
Berkeley, CA 94704
Telephone: (510) 548-4040
PLEASE DO NOT CONTACT THE COURT WITH QUESTIONS.