Pepper v. Midland Credit Management Settlement
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Frequently Asked Questions

Please find below answers to frequently asked questions
  1. What if I moved and my address is different than the address I submitted in my Claim Form?
  2. Who is included in the Settlement?
  3. What is the Case About?
  4. What does the Settlement provide?
  5. Do I have a lawyer?
  6. How much will the lawyers be paid?
  7. How do I exclude myself from the settlement?
  8. How do I object to the Settlement?
  9. When and where is the Final Fairness and Approval hearing?
  10. Where can I get more information?
  1. What if I moved and my address is different than the address I submitted in my Claim Form?

    Please email or mail a change of address notice to Recording Class Action, c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael, CA 94912-8060. Your change of address notice should include:


    1. The name of the lawsuit, i.e., Recording Class Action

    2. The Settlement Class Member's full name;

    3. The Settlement Class Member's incorrect address;

    4. The Settlement Class Member's new address; and

    5. The Settlement Class Member's Claim ID, if available.


    It is important that the Settlement Administrator have an accurate address for you so that your benefit as a Settlement Class Member is mailed to your current address.

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  2. Who is included in the Settlement?

    You are a Class Member if during the period from July 13, 2006 through February 18, 2011, you were in California, Florida, Maryland, Nevada, New Hampshire, Pennsylvania or Washington (the "Covered States"), received one or more telephone calls from and spoke with a representative of MCM, and were not informed at the beginning of each call that the call may be monitored or recorded.

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  3. What is the case about?

    This class action arose out of allegations that MCM monitored and/or recorded telephone calls that MCM made in an effort to collect debt without always giving notification at the beginning of the call that the call may be monitored or recorded. Defendants have denied and continue to deny any liability, and there has been no finding that Defendants have violated any laws.

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  4. What does the Settlement provide?

    Under the Settlement, Class Members who submit valid and timely Claim Forms and are identified in MCM's records as owing money to MCM will receive debt forgiveness of up to one thousand dollars ($1,000) of the money owed by any such Class Member to MCM, with such debt forgiveness being applied first to any older obligations before being applied to any newer obligations. Defendants will also pay Four Million Five Hundred Thousand Dollars ($4,500,000) as cash consideration (together with the debt forgiveness, the "Common Fund"). After paying incentive award to the class representative (which will not be more than $50,000), certain administrative expenses (which will not be more than $1 million), and attorneys' fees and costs that the Court will be asked to approve (which will not be more than $3 million), the remainder of the cash consideration will be distributed pro-rata to the Class Members, up to a maximum of one thousand dollars ($1,000) each, who submit valid and timely Claim Forms and are not identified in MCM's records as owing money to MCM. Class Members who are identified in MCM's records as owing money to MCM will not receive any of the cash. Defendants may oppose Class Counsel's attorneys' fees request.

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  5. Do I have a lawyer?

    Yes. The Court has appointed the following lawyers to represent Class Members. Keegan & Baker LLP (Patrick Keegan, Esq.), Frantz Law Group, APLC (James Franz, Esq.), and Wickman & Wickman, Attorneys at Law (Steven Wickman, Esq.). The lawyers will be paid from the Common Fund.

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  6. How much will the lawyers be paid?

    The amount of the attorneys' fees to be sought or the costs to be reimbursed has not yet been determined, but will not exceed $3 million. Class Counsel will post their motion seeking final approval of settlement and their application for attorney's fees and supporting documentation on the website no later than July 10, 2013.

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  7. How do I exclude myself from the settlement?

    You have the right to exclude yourself from the Settlement Class and the settlement. If you wish to be excluded, you must complete and send a written letter ("Request for Exclusion"), containing your name, address, signature, a statement that you meet the criteria of the Settlement Class but wish to be excluded from the Settlement Class, and a short statement of your reason for wanting to be excluded from the Settlement Class, postmarked no later than May 28, 2013, to the Claims Administrator at the following address, with copies sent to Class Counsel and Defense Counsel:

    Claims Administrator:

    Pepper v. Midland Credit
    Management Settlement
    c/o Gilardi & Co. LLC
    P.O. Box 8090
    San Rafael, CA 94912-8090

    Class Counsel:

    Patrick Keegan, Esq
    Keegan Baker LLP
    6870 Embarcadero Lane
    Carlsbad, CA 92011

    Defense Counsel:

    William S. Boggs, Esq.
    DLA Piper LLP (US)
    401 B Street, Suite 1700
    San Diego, CA 92101

    If you timely and validly request exclusion from the Settlement Class, you will be excluded from the Settlement Class, you will receive none of the Common Fund, and you will not be bound by the judgment entered in the action.

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  8. How do I object to the Settlement?

    If you wish to object to the settlement, you must, no later than May 28, 2013, serve by mail or otherwise a notice of intent to object stating in clear and concise terms the basis for the objection on the Claims Administrator, Class Counsel and Defense Counsel.

    Class Members who served a notice of intent to object may no later than July 25, 2013, file with the Court and serve on the Claims Administrator, Class Counsel and Defense Counsel at the addresses set forth above a written objection to the settlement which must state, in clear and concise terms, the legal and factual arguments supporting the objection and include proof of membership in the Settlement Class. Class Members who served a notice of intent to object may also appear at the final approval hearing described below. If your objection is overruled, you will be bound by the final judgment as if you had not objected.

    To be considered, the written objection papers must be received by the Court and delivered or postmarked to Class Counsel and Defense Counsel no later than July 25, 2013. Class Members who do not timely make their objections in this manner will be deemed to have waived all objections and will not be entitled to be heard at the settlement approval hearing. You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your personal attorneys' fees and costs.

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  9. When and where is the Final Fairness and Approval hearing?

    The Settlement is subject to final Court approval and a hearing for that purpose has been scheduled for August 23, 2013 at 10:30 a.m. before the Honorable Steven R. Denton in Department 73 of the Superior Court of the State of California, County of San Diego, located at the Hall of Justice Courthouse, 330 West Broadway, San Diego, California, 92101.

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  10. Where can I get more information?

    The full terms of the settlement are in the Settlement Agreement and Release on file with the Clerk of the Court, and available on the settlement website. Other filings with the Court may also be available on this website. You may also contact the Claims Administrator at (877) 283-1774, by email at info@RecordingClassAction.com or write to

    Recording Class Action
    c/o Gilardi & Co. LLC
    PO Box 8060
    San Rafael, CA 94912-8060

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