Williams, et al. v. Pegasus Residential, LLC, et al.

United States District Court for the Middle District of North Carolina | Case No. 1:18CV1030

What is the Lawsuit about?
The lawsuit alleges that the Defendants unlawfully charged complaint filing fees, sheriff service fees, and attorneys’ fees (“Eviction Fees”) when filing summary ejectment/eviction actions against their tenants. Plaintiff also alleged that Defendants unlawfully threatened to charge Eviction Fees through written correspondence (the “Collection Letter”). The lawsuit brought four claims for relief: a violation of the North Carolina Residential Rental Agreements Act (N.C.G.S. § 42-46), a violation of the North Carolina Debt Collection Act (N.C.G.S. § 75-50 et seq.), a violation of the North Carolina Unfair and Deceptive Trade Practices Act (N.C.G.S. § 75-1.1 et seq.), and for declaratory judgment. The Defendants deny these claims, contend that they have numerous valid defenses to the action, and deny that class certification is required or appropriate.

What is the Lawsuit about?

The lawsuit alleges that the Defendants unlawfully charged complaint filing fees, sheriff service fees, and attorneys’ fees (“Eviction Fees”) when filing summary ejectment/eviction actions against their tenants. Plaintiff also alleged that Defendants unlawfully threatened to charge Eviction Fees through written correspondence (the “Collection Letter”).

The lawsuit brought four claims for relief: a violation of the North Carolina Residential Rental Agreements Act (N.C.G.S. § 42-46), a violation of the North Carolina Debt Collection Act (N.C.G.S. § 75-50 et seq.), a violation of the North Carolina Unfair and Deceptive Trade Practices Act (N.C.G.S. § 75-1.1 et seq.), and for declaratory judgment.

The Defendants deny these claims, contend that they have numerous valid defenses to the action, and deny that class certification is required or appropriate.

How do I know if I am in the Settlement?
There are two types of Class Members in this Action:

How do I know if I am in the Settlement?

There are two types of Class Members in this Action:

A. Collection Letter Class Members
You are a Collection Letter Class Member if you are a natural person who at any point between November 6, 2014 and June 25, 2018, resided in any of the properties in North Carolina owned and/or managed by Defendants, and you received a Collection. Representative letters can be found here:
B. Eviction Fee Class Members
You are an Eviction Fee Class Member if you are a natural person who at any point between November 6, 2014 and June 25, 2018, resided in any of the properties in North Carolina owned and/or managed by Defendants, and you were charged and paid Eviction Fees.
Eviction Fee Class Members are also Collection Letter Class Members as they meet the requirements of both Classes.
Excluded from the Settlement Classes are (1) employees, directors, officers, and agents of Defendants; (2) persons who timely and properly exclude themselves from the Settlement Classes as provided in this Notice; (3) anyone who has previously executed a written release that related to the collecting or threatening to collect Eviction Fees; and (4) the Court, the Court’s immediate family, and Court staff.

A. Collection Letter Class Members

You are a Collection Letter Class Member if you are a natural person who at any point between November 6, 2014 and June 25, 2018, resided in any of the properties in North Carolina owned and/or managed by Defendants, and you received a Collection. Representative letters can be found here:

B. Eviction Fee Class Members

You are an Eviction Fee Class Member if you are a natural person who at any point between November 6, 2014 and June 25, 2018, resided in any of the properties in North Carolina owned and/or managed by Defendants, and you were charged and paid Eviction Fees.

Eviction Fee Class Members are also Collection Letter Class Members as they meet the requirements of both Classes.

Excluded from the Settlement Classes are (1) employees, directors, officers, and agents of Defendants; (2) persons who timely and properly exclude themselves from the Settlement Classes as provided in this Notice; (3) anyone who has previously executed a written release that related to the collecting or threatening to collect Eviction Fees; and (4) the Court, the Court’s immediate family, and Court staff.

COLLECTION LETTER CLASS
SUBMIT A CLAIM FORM BY OCTOBER 15, 2021	If you wish to receive benefits from the Settlement, you must submit a valid and timely Claim Form. Click here to file a Claim Form.
EXCLUDE YOURSELF BY OCTOBER 15, 2021	You will receive no payment from the Settlement. This is the only option that allows you to ever be a part of any other lawsuit against the Defendants about the legal claims in this case.
OBJECT BY OCTOBER 15, 2021	Write to the Court about why you think the Settlement is unfair, inadequate, or unreasonable.
GO TO A HEARING ON NOVEMBER 30, 2021, AT 9:00 A.M.	Ask to speak in Court about the fairness of the Settlement.
FILE A NOTICE OF INTENT TO APPEAR BY OCTOBER 22, 2021	Your Notice of Intent to Appear in Court at the Hearing must be filed with the Court and served on Class Counsel and Defendants Counsel no later than this date.
DO NOTHING	Get no payment. Give up rights to ever sue the Defendants about the legal claims in this case.

COLLECTION LETTER CLASS

SUBMIT A CLAIM FORM BY OCTOBER 15, 2021

If you wish to receive benefits from the Settlement, you must submit a valid and timely Claim Form. Click here to file a Claim Form.

EXCLUDE YOURSELF BY OCTOBER 15, 2021

You will receive no payment from the Settlement. This is the only option that allows you to ever be a part of any other lawsuit against the Defendants about the legal claims in this case.

OBJECT BY OCTOBER 15, 2021

Write to the Court about why you think the Settlement is unfair, inadequate, or unreasonable.

GO TO A HEARING ON NOVEMBER 30, 2021, AT 9:00 A.M.

Ask to speak in Court about the fairness of the Settlement.

FILE A NOTICE OF INTENT TO APPEAR BY OCTOBER 22, 2021

Your Notice of Intent to Appear in Court at the Hearing must be filed with the Court and served on Class Counsel and Defendants Counsel no later than this date.

DO NOTHING

Get no payment. Give up rights to ever sue the Defendants about the legal claims in this case.

EVICTION FEE CLASS
DO NOTHING	You will remain a member of the Eviction Fee Class and will automatically receive a Settlement Benefit. Members of this Class do not need to file a Claim, unless they are also members of the Collection Letter Class and/or wish to receive non-monetary relief.
EXCLUDE YOURSELF BY OCTOBER 15, 2021	You will receive no payment from the Settlement. This is the only option that allows you to ever be a part of any other lawsuit against the Defendants about the legal claims in this case.
OBJECT BY OCTOBER 15, 2021	Write to the Court about why you think the Settlement is unfair, inadequate, or unreasonable.
GO TO A HEARING ON NOVEMBER 30, 2021, AT 9:00 A.M.	Ask to speak in Court about the fairness of the Settlement.
FILE A NOTICE OF INTENT TO APPEAR BY OCTOBER 22, 2021	Your Notice of Intent to Appear in Court at the Hearing must be filed with the Court and served on Class Counsel and Defendants Counsel no later than this date.

EVICTION FEE CLASS

DO NOTHING

You will remain a member of the Eviction Fee Class and will automatically receive a Settlement Benefit. Members of this Class do not need to file a Claim, unless they are also members of the Collection Letter Class and/or wish to receive non-monetary relief.

EXCLUDE YOURSELF BY OCTOBER 15, 2021

You will receive no payment from the Settlement. This is the only option that allows you to ever be a part of any other lawsuit against the Defendants about the legal claims in this case.

OBJECT BY OCTOBER 15, 2021

Write to the Court about why you think the Settlement is unfair, inadequate, or unreasonable.

GO TO A HEARING ON NOVEMBER 30, 2021, AT 9:00 A.M.

Ask to speak in Court about the fairness of the Settlement.

FILE A NOTICE OF INTENT TO APPEAR BY OCTOBER 22, 2021

Your Notice of Intent to Appear in Court at the Hearing must be filed with the Court and served on Class Counsel and Defendants Counsel no later than this date.

CPT GROUP, Inc.

50 Corporate Park, Irvine, CA 92606

‍

CONTACT INFORMATION

‍Toll-Free Class Member Support:
1-888-525-1823

‍Case Email:
PMPBNCTenantsettlement@cptgroup.com

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