Cabiness v. Educational Financial Solutions, LLC

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: 

Cabiness v. Educational Financial Services
c/o Settlement Administrator
P.O. Box 59285
Philadelphia, PA 19102-9285


You may also contact Class Counsel directly, as follows:

Bryan Kemnitzer

Nancy Barron

Elliot Conn

KEMNITZER, BARRON, & KRIEG, LLP

445 Bush Street, 6th Floor

San Francisco, CA 94108

Telephone: (415) 632-1900

Email: elliot@kbklegal.com 


Sharon Djemal 

EAST BAY COMMUNITY LAW CENTER

1950 University Avenue, Suite 200

Berkeley, CA 94704

Telephone: (510) 548-4040

Email: sdjemal@ebclc.org


PLEASE DO NOT CONTACT THE COURT WITH QUESTIONS.

This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-844-367-8805.

Update Address

Change of Address

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact Us

Contact us with any inquiries, comments, and/or requests.

Important Dates

  • Exclusion Deadline:

    Monday, September 24, 2018

    You must complete and mail your request for exclusion to Settlement Administrator so that it is postmarked no later than Monday September 24, 2018.

  • Objection Deadline:

    Monday, September 24, 2018

    You must mail your objection and/or notice of intent to appear at the Final Approval Hearing to the Court so that it/they are filed or postmarked no later than September 24, 2018.

  • Final Approval Hearing:

    Thursday, November 15, 2018

    The Final Approval Hearing is scheduled for November 15, 2018.  Please check this website for updates.

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