Settlement Agreement - Hordo Bennett Mounteer LLP

SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is dated for reference
January 13, 2012, by and between Cash Money Cheque Cashing Inc. ("Cash Money") and
Joseph P. Genova ("Genova"), and Kostas Efthimiou (the "Plaintiff), in Efthimiou v. Cash
Money Cheque Cashing Inc. and others. Court of Queen's Bench of Alberta, Judicial Centre of
Calgary, Registry No. 1001-04191 (the "Action").
WHEREAS the Plaintiff alleges, among other things, that Cash Money and
Genova (collectively, the "Defendants") entered into illegal agreements and received interest in
contiavention of s. 347 of the Criminal Code;
WHEREAS the Defendants deny each and every one of the allegations made in
the Action, and further, deny any wrongdoing of any kind;
WHEREAS, the Defendants and the Plaintiff in the Action (collectively, the
"Parties") have vigorously litigated their respective positions in connection with the Action;
WHEREAS, as a result of the litigation, the Parties are thoroughly familiar with
the factual and legal issues presented by their respective claims and defences and recognize the
uncertainties as to the ultimate outcome in the Action, and the likelihood that any final result
could require years of further complex litigation and substantial expense;
WHEREAS, the Plaintiff beUeves that the claims he has asserted have merit;
however, the Plaintiff also recognizes that (a) it would be necessary to continue prosecuting the
Action through a contested certification hearing and appeal therefrom, a trial of the common
issues and, even if successful there, through the series of possible appeals, all of which will delay
substantially the Class Members' receipt of benefits from the Action, and (b) there are significant
risks in this litigation, whose outcome is uncertain; therefore, balancing the costs, risks, and
delay of continued litigation against the benefits of the settiement, the Plaintiff, with the advice
of Class Counsel, has concluded that settiement as provided in this Agreement will be in the best
interests of the Class Members;
WHEREAS, this Agreement was entered into after extensive arm's length
discussions and negotiations between Class Counsel and counsel for the Defendants;
WHEREAS, the Parties desire to compromise and settle all issues and claims
against the Defendants;
WHEREAS, counsel for the Defendants and Class Counsel agree that the
settiement contemplated by this Agreement (the "Settlemenf) is a fair, reasonable, and adequate
resolution of the claims advanced in the Action;
WHEREAS, the Parties desire and intend to seek court approval of the Settiement
of the Action as set forth in this Agreement;
NOW, THEREFORE, it is agreed that in consideration of the promises and
mutual covenants set forth in this Agreement, and the entry by the Court of a final order
approving the terms and conditions of the Settiement as set forth in this Agreement, the Action
shall be settled and compromised under the terms and conditions contained herein.
Definitions
1•
Whenever the following capitalized terms are used in this Agreement and in the
Schedules annexed (in addition to any definitions elsewhere in this Agreement), they shall have
the following meanings:
(a)
"Arbitrator" means a member of the Law Society of Alberta, that is independent
of and agreed to by the parties or such other person as appointed by the Court;
(b)
"Claims Period" means the period beginning on the Notice Date and continuing
for 90 days thereafter;
(c)
"Claims Process Reviewer" means Epiq Systems Inc, or another independent
class action administration company selected mutually by the parties or appointed
by the Court;
(d)
"Class Counsel" means Hordo Bennett Mounteer LLP and Cuming & Gillespie;
(e)
"Class Loans" means "Payday Loans" borrowed from Cash Money between
March 18, 2008 and March 1, 2010, where the loan and Cash Money's Service
Cost Fee were both repaid either on the due date of the loan or within 141 days of
the loan advance, but excludes loans that have been the subject of a claim
pursuant to the Ontario Settlement;
(f)
"Class Notice" means the notice to the Settiement Class of this Settlement, in the
manner described in paragraph 8 of this Agreement and in the form attached as
Schedule B, or in such other form as may be approved by the Court;
(g)
"Court" means the Court of Queen's Bench of Alberta;
(h)
"Effective Date of Settlement" means the next calendar day after the day on
which all appellate rights with respect to the Approval Order in the Action,
described in paragraph 3 below, have expired or have been exhausted;
(i)
"Notice Date" means the date on which the Settiement Administrator advises
Settlement Class Counsel that Class Notice has been disseminated in accordance
with paragraph 8 of this Agreement;
(j)
"Ontario Settlemenf means the settiement reached in Mortillaro v. Cash Money
Cheque Cashing Inc., Ontario Superior Court of Justice, Court File No. 03-CV257357CP;
(k)
"Opt Out Period" means the period beginning on the Notice Date and continuing
for 90 days thereafter;
(1)
"Outstanding Principal" means the amount of Loan Principal which has not
been repaid as at the end of the Claims Period, net of any Service Cost Fees or
other fees paid by the Settlement Class Member in connection with the receipt,
extension or late payment of said loan;
(m)
"Period A Claims" means the claim for Service Cost Fees paid for loans
borrowed between March 18, 2008 and June 15, 2009;
(n)
"Period B Claims" means the claim for Service Cost Fees paid for loans
borrowed between June 16, 2009 and February 28, 2010.
(o)
"Service Cost Fee" means the total fees, charges and interest charged by Cash
Money at the time the payday loan is provided including, but not limited to, the
standard term "Service Cost" or "Service Charge", but not including the
Unchallenged Interest.
(p)
"Settlement Administrator" means a person or group of persons employed by
Cash Money designated by the Defendants to disseminate the Class Notice,
review, evaluate, process and pay claims made by Settlement Class Claimants
pursuant to this Settlement and to fulfill all other duties ascribed to the Settlement
Administrator pursuant to this Agreement;
(q)
"Settlement Class" or "Settlement Class Members" means all residents of
Alberta who have borrowed one or more Class Loans, but excludes persons who
have opted out in accordance with paragraph 16 of this Agreement;
(r)
"Settlement Class Claimants" means Settiement Class Members who have
made a claim in the Settiement;
(s)
"Settlement Class Counsel" means Hordo Bennett Mounteer LLP;
(t)
"Settlement Fund" means a fund of CDN $2,512,637.90, in equal parts cash and
cash redeemable credits, established by the Defendants;
(u)
"Settlement Fund A" means an amount equal to 35% of the Settiement Fund,
after payment of the Approved Legal Expenses and the Telephone Notice
Expenses;
(v)
"Settlement Fund B" means an amount equal to 65% of the Settiement Fund,
after payment of the Approved Legal Expenses and the Telephone Notice
Expenses;
(w)
"Settlement Website" means a webpage to be established and maintained by
Settlement Class Counsel with information regarding the Settiement and claims
process; and
(x)
"Unchallenged Interest" means, for loans obtained before March 1, 2010, an
amount equal to interest on the Loan Principal amount of the payday loan
calculated at 59% per annum, according to generally accepted actuarial principles,
where:
(i)
the principal amount of the payday loan is the actual money received by
the borrower in cash at the time of the loan advance (the "Loan
Principal"); and
(ii)
the term of the loan is the number of days after the date the loan was
advanced and the earlier of (a) the date the loan was due pursuant to the
loan agreement; or (b) the date the loan was repaid by the borrower; and
for loans obtained on or after March 1, 2010, an amount equal to 23% of the Loan
Principal.
Approval Process
2.
This Agreement is for settlement purposes only, and conditional upon entry of the
Approval Order approving the Settiement in the Action, and neither the fact of, nor any provision
contained in this Agreement, nor any action taken hereunder, shall constitute, or be construed as,
any admission of the validity of any claim or any factual allegation that was or could have been
made by the Plaintiff, Settlement Class Members, or by the Defendants, in the Action, or of any
wrongdoing, fault, violation of law, or liability of any kind on the part of the Defendants. This
Agreement shall not be offered or be admissible in evidence by or against the Defendants or
cited or referred to in any other action or proceeding, except (1) in any action or proceeding
brought by or against the Parties to enforce or otherwise implement the terms of this Agreement,
or (2) in any action involving the Plaintiff, Settlement Class Members, or any of them, to support
a defence of res judicata, collateral estoppel, release, or other theory of claim preclusion, issue
preclusion, or similar defence.
3.
Following execution of this Agreement, the Plaintiff will seek an order in the
Action, substantially in the form attached as Schedule A to this Agreement (the "Approval
Order") that, for settlement purposes only:
(a)
certifies a Settiement Class in the Action, which is conditional upon the final
approval of the Settlement in the Action;
(b)
approves the Settiement in the Action;
(c)
approves the Class Notice, substantially in the form attached as Schedule B to this
Agreement; and
(d)
appoints the Settlement Administrator, Claims Process Reviewer, and the
Arbitrator.
(collectively, the "Approval Motion")
4.
The Defendants will consent to the Approval Motion for the sole purpose of
giving effect to the terms of the Settlement.
5.
If the Approval Order is not granted or if it is reversed or modified on appeal, this
Agreement and all orders made pursuant to it shall:
(a)
be null and void, shall have no further force and effect with respect to the Parties,
and shall not be offered in evidence or used in any litigation for any purpose; and
(b)
all orders in existence as of the date on which this Settlement was executed shall
become operative and fully effective, as if proceedings relating to this Settiement
had not occurred. In such event, the Parties reserve all rights to object to or
otherwise challenge all such pre-existing orders.
Conditional Certification of Settlement Class
6.
For the purposes of settlement only, and upon the express terms and conditions set
out in this Agreement, the Plaintiff will seek certification of the Settiement Class in the Action.
7.
Nothing in this Agreement will be construed as an admission by the Defendants
that the Action is amenable to class certification for trial purposes or any purposes other than the
implementation of the terms of this Agreement. Furthermore, nothing in this Agreement will
prevent the Defendants from opposing class certification if the Approval Order is not obtained,
or is overturned, in whole or in part, on appeal.
Notice
8.
Subject to approval by the Court, the Settlement Administrator will cause the
Class Notice to be disseminated within 14 days of the Effective Date of Settlement, as follows:
(a)
The Class Notice will be sent by regular mail to the last known address of each
Settlement Class Member who obtained Class Loans at an Alberta Cash Money
location, where the Settiement Class Member's address information is less than
three years old as of the Effective Date of Settiement;
(b)
The Class Notice will be pubUshed in the weekend edition of each of the
Edmonton Sun, Calgary Sun and Red Deer Advocate newspapers, in a size not
less than 1/6 of a page, and will be published again in the weekend edition of
those papers 4 weeks after the first publication of the Class Notice;
(c)
The Class Notice will be posted in a prominent location in a size not less than
8V2" X 11" in all Alberta Cash Money store locations and shall remain posted until
the end of the Claims Period;
(d)
The Class Notice will be posted on the Settlement Website; and
(d)
Cash Money shall cause a hyperlink to be created on the website
www.cashmoney.ca, which hyperlink shall direct Settlement Class Members to
the Settiement Website.
9.
Within 3 days of completing dissemination of Class Notice in accordance with
paragraph 8 of this Agreement, the Settlement Administrator will provide written confirmation to
Settlement Class Counsel.
10.
Within 14 days from the Effective Date of Settiement, the Defendants will
provide the Claims Process Reviewer with a list of every Settiement Class Member that obtained
7 or more Class Loans ("Frequent Customer Settlement Class Member"). That hst shall
include the telephone contact numbers for each of the Frequent Customer Settiement Class
Members.
11.
Using the Ust provided under paragraph 10 above, the Claims Process Reviewer
shall, during the Claims Period, make a reasonable effort, as determined by Settlement Class
Counsel, to dfrectiy contact by telephone each Frequent Customer Settlement Class Member in
order to provide them with notice of this Settlement.
Estabhshment of Settlement Fund
12.
In consideration of the dismissal of the Action with prejudice and the mutual
releases pursuant to the terms of this Agreement, the Defendants will establish the Settlement
Fund using equal portions of cash (the "Cash Fund") and cash redeemable credits (the "Credits
Fund").
13.
The Defendants will deposit the Cash Fund in an interest-bearing trust account
held by their legal counsel in six equal monthly installments, commencing 30 days from entry of
the Approval Order. The interest eamed on the Cash Fund will be added to the Cash Fund.
Opting Out
14.
Persons who would otherwise be Settlement Class Claimants but who do not wish
to participate in the Settiement or be bound by the terms of this Agreement may opt out of the
Settlement Class.
15.
In order to opt out of the Settlement Class, Settlement Class Members must
submit a written request to Settlement Class Counsel containing his or her name, address, and
telephone, substantially in the form attached as Schedule C before the end of the Opt Out Period.
16.
Settlement Class Counsel will forward a copy of all opt-out forms received to the
Settlement Administrator at the end of the Opt Out Period.
Administration of Settlement
17.
The Defendants will pay the costs associated with the administiation of the
Settlement, with the exception of the cost of telephone notice under paragraph 11 above (the
"Telephone Notice Expenses"). The Telephone Notice Expenses, as approved by Settiement
Class Counsel, shall be paid out of the Cash Fund 30 days after the end of the Claims Period.
18.
The Settiement Administrator will administer the Settlement:
(a)
in a manner which implements and conforms to the Agreement and the directions
of the Court;
(b)
in accordance with the provisions of the Agreement under the oversight of the
Court and Settiement Class Counsel; and
(c)
19.
in a rational, responsible, cost effective and timely manner.
Personal information obtained or created in the administration of the Settiement is
confidential and, except as required by law, will only be used and disclosed for the purposes by
the Agreement and as necessary for administration of the Settlement.
20.
The Settlement Administrator will maintain reasonably detailed records of its
activities under the Agreement until 4 years after the end of the Settlement Date. Such records
will be made available electronically or as otherwise requested for inspection by Settiement
Class Counsel upon application to the Court.
21.
Any one or more of the Parties, Settlement Class Counsel, or the Arbitrator may
move for directions from the Court in respect of any matter in relation to the Agreement.
22.
The Court has the express jurisdiction and power to appoint a third party
settlement administrator in place of the Settiement Administrator selected by the Defendants, if it
determines that the Settlement Administrator selected by the Defendants is unable to perform its
obhgations in administering the Settlement created by the Agreement.
Approved Legal Expenses
23.
The Parties acknowledge that:
(a)
Class Counsel may seek approval of legal fees in an amount not to exceed 30% of
the Settlement Fund, disbursements and taxes thereon (collectively, the
"Approved Legal Expenses") and
(b)
as part of that application. Class counsel will seek approval of the payment of
compensation to the representative Plaintiff, in an amount up to $10,000, such
amount to be paid as a disbursement as part of the Approved Legal Expenses.
24.
The Defendants will take no position in Class Counsel's application for approval
of the amount of the Approved Legal Expenses or the payment of compensation to the
representative Plaintiff
25.
The Settiement is not conditional on approval of Class Counsel's request for
Approved Legal Expenses or the payment of compensation to the representative Plaintiff
26.
Subject to approval by the Court, the Approved Legal Expenses will be paid from
the Settlement Fund as follows:
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(a)
on the 90* day after the Approval Order, 50% of the Approved Legal Expenses
will be paid from the Cash Fund; and
(b)
in 4 equal payments made on the 90' day, 4 months, 5 months and 6 months after
the Approval Order, 50% of the Approved Legal Expenses will paid in cash by
the Defendants but will be notionally paid from the Credits Fund such that said
payments will result in an immediate reduction of an equivalent monetary value in
the Credits Fund made available for distribution to the Class.
Settlement Class Members' Claims
27.
Each Settiement Class Member will be entitied to claim from the Settlement Fund
an amount calculated as the total amount of Service Cost Fees paid by the Settlement Class
Member in respect of that Settlement Class Member's Class Loans, plus interest at 5% per
annum on those Service Cost Fees from the date the Service Cost Fees were paid by a Settlement
Class Claimant to the first day of the Claims Period, compounded semi-annually (collectively,
the "Claim"), from which a Claim for certain deductions in relation to Approved Legal Expenses
and outstanding loans may be made as set out below.
28.
Each Settlement Class Claimant shall be entitled to receive a settlement benefit in
relation to their Claim for Service Cost Fees ("Net Settlement Benefit"), calculated as follows:
(a)
if the total amount of all Settiement Class Claimants' Period A Claims is less than
or equal to Settlement Fund A, and if the total amount of all Settlement Class
Claimants' Period B Claims is less than or equal to Settlement Fund B, then the
entire amount of his/her claim;
(b)
if the total amount of all Settlement Class Claimants' Period A Claims is less than
or equal to Settlement Fund A, and if the total amount of all Settlement Class
Claimants' Period B Claims is more than Settlement Fund B, then the entire
amount of the Period A claim and an amount less than the full amount of his/her
Period B claim, calculated as follows:
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(i)
add the amount remaining in Settlement Fund A after payment of all
Period A claims to Settlement Fund B;
(ii)
divide the amount of the Settiement Fund B, as set out in (i), by the total
amount of all Settlement Class Claimants' Period B claims (the "Pro Rata
Ratio"); and
(iii)
multiply each Settiement Class Claimant's Period B claim by the Pro Rata
Ratio;
(c)
if the total amount of all Settiement Class Claimants' Period B Claims is less than
or equal to Settlement Fund B, and if the total amount of all Settiement Class
Claimants' Period A Claims is more than Settlement Fund A, then the entire
amount of the Period B claim and an amount less than the full amount of his/her
Period A claim, calculated as follows:
(i)
add the amount remaining in Settlement Fund B after payment of all
Period B claims to Settlement Fund A;
(u)
divide the amount of the Settiement Fund A, as set out in (i), by the total
amount of all Settiement Class Claimants' Period A claims (the "Pro Rata
Ratio"); and
(iii)
multiply each Settlement Class Claimant's Period A claim by the Pro Rata
Ratio;
(d)
if the total amount of all Settiement Class Claimants' Period A Claims is more
than Settiement Fund A, and if the total amount of all Settiement Class Claimants'
Period B Claims is more than Settlement Fund B, then an amount less than the
full amount of his/her Period A claim, calculated as follows:
(i)
divide the amount of the Settlement Fund A, by the total amount of all
Settlement Class Claimants' Period A claims (the "Pro Rata Ratio"); and
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(ii)
multiply each Settlement Class Claimant's Period A claim by the Pro Rata
Ratio;
and an amount less than the full amount of his/her Period B claim, calculated as
follows:
(iii)
divide the amount of the Settiement Fund B by the total amount of all
Settlement Class Claimants' Period B claims (the "Pro Rata Ratio"); and
(iv)
multiply each Settlement Class Claimant's Period B claim by the Pro Rata
Ratio.
29.
If the Settiement Class Claimant has any Outstanding Principal, the Settlement
Class Claimant's Net Settlement Benefit shall be appUed in satisfaction of any Outstanding
Principal, and the Unchallenged Interest payable on the due date of the Outstanding Principal
(collectively, the "Outstanding Debt"), as follows:
(a)
if the Outstanding Debt is less than the Settiement Class Claimant's Net
Settiement Benefit, then the portion of the Settiement Class Claimant's Net
Settiement Benefit sufficient to discharge the Outstanding Debt will be paid to
Cash Money from the Settlement Fund and shall extinguish the Outstanding Debt
and the balance of the Settiement Class Claimant's Net Settiement Benefit will be
paid to the Settiement Class Claimant; or
(b)
if the Settiement Class Claimant's Settiement Benefit is insufficient to discharge
the Settiement Class Claimant's Outstanding Debt, all of the Settlement Class
Claimant's Net Settiement Benefit will be paid to Cash Money from the
Settiement Fund and that payment shall extinguish a portion of the Outstanding
Debt in an amount equal to the total amount of the Service Cost Fees paid by the
Settiement Class Claimant, and the remainder of the Settiement Class Claimant's
Outstanding Debt will not be extinguished by anything in this Agreement.
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30.
Payments to the Settlement Class Claimants of their Net Settlement Benefits, and
any payments to Cash Money from those Net Settlement Benefits in satisfaction of any
Outstanding Debt, will be made from the Cash Fund and from the Credits Fund.
31.
The amount paid from the Cash Fund (the "Cash Fund Settlement Benefit")
shall be an amount equal to:
(a)
the Settiement Class Claimant's Net Settiement Benefit multiphed by the Cash
Fund remaining after payment of the Telephone Notice Expenses and Approved
Legal Expenses;
(b)
divided by the Settiement Fund remaining after payment of the Telephone Notice
Expenses and Approved Legal Expenses.
32.
The amount paid from the Credit Fund (the "Credit Fund Settlement Benefit")
shall be an amount equal to the Settlement Class Claimant's Net Settlement Benefit minus the
Settlement Class Claimant's Cash Fund Settlement Benefit.
33.
Credits will be noted in the records of Cash Money for each Settiement Class
Claimant entitied to a payment from the Credit Fund, and shall be subject to the following terms:
(a)
The Credits are not transferable, but shall accrue to the benefit of any Settlement
Class Claimant's estate, and do not expire;
(b)
The Credits can be used to pay outstanding Service Cost Fees or cheque-cashing
fees in any Cash Money locations;
(c)
Cash Money shall provide a Settlement Class Claimant with a written receipt
showing the balance of unused Credits:
(i)
immediately after redemption of credits for services, under paragraph (b)
above; or
(ii)
upon request at any Cash Money location.
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(d)
At any time prior to 15 days before the beginning of the Redemption Period,
Settiement Class Claimants shall be able to update their current address by
completing an online change of address form on a website maintained by
Settlement Class Counsel. By January 13, 2015, Settiement Class Counsel shall
provide Cash Money with a database with all submissions to the online change of
address form.
(e)
On or around the first day of the Redemption Period, Cash Money shall send a
reminder note, substantially in the form attached as Schedule D, to the current
address of each Settlement Class Claimant with outstanding Credits.
(f)
The Credits can be redeemed for an equivalent amount of cash between January
17, 2015 and January 17, 2016 (the "Redemption Period") by a Settiement Class
Claimant:
(i)
by attending a Cash Money location and presenting government-issued
identification and their current address; or
(ii)
by completing an onhne form at http://www.cashmoney.ca, which form
will require the Class member to provide their date of birth and current
address.
(g)
Within 60 days of redemption by a Settiement Class Claimant under paragraph (f)
above. Cash Money shall mail a cheque to the current address of the Class
Member for the total amount of outstanding Credits.
34.
Settiement Class Members who do not make a claim within the Claims Period and
fail to opt out before the Opt Out Deadline will not be entitied to any payments from the
Settlement Fund, but will benefit from the release provided in paragraph 36 of this Agreement.
Release of Claims
35.
Upon entiy of the Approval Order, Settlement Class Members forever release and
discharge the Defendants, as well as their respective parent companies, subsidiaries, affiliates.
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officers, directors, trustees, shareholders, unit holders, partners, managers, employees, agents,
lawyers, assignees and successors, and their insurers, of and from all claims, demands, actions,
suits or causes of action that have been brought or could have been brought, are currently
pending or were pending, or are ever brought in the future, whether known or unknown, asserted
or unasserted, under or pursuant to any statute, regulation, common law or equity, arising from
Payday Loans obtained from any Cash Money location in Alberta up to March 1, 2010.
36.
Upon entry of the Approval Order, the Defendants forever release and discharge
all Settlement Class Members, whether they have submitted a claim for benefits pursuant to this
Agreement or not, of and from all claims, demands, actions, suits or causes of action that have
been brought or could have been brought, are currently pending or were pending, or are ever
brought in the future, whether known or unknown, asserted or unasserted, under or pursuant to
any statute, regulation, common law or equity, arising from payday loans obtained from any
Cash Money location in Alberta up to March 1, 2010, except for any amount by which the
Settlement Class Member's Outstanding Debt exceeds the amount of Service Cost Fees paid by
the Settlement Class Member.
Claims Period and Process
37.
Settlement Class Members seeking to make a claim for benefits pursuant to this
Settlement must do so within the Claims Period.
38.
Settlement Class Members who wish to make a claim must complete, sign and
submit a Claim Form, substantially in the form attached as Schedule E, to the Settiement
Admimstrator within the Claims Period, together with a photocopy of their driver's license or
other government-issued photo identification.
39.
Within 120 days from the expiry of the Claims Period (the "Decision Period"),
the Settlement Administrator will complete its review of the claims submitted and will advise
each Settlement Class Claimant as to his or her eligibility, if any, for benefits, in the forms
attached as Schedule F to this Agreement.
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Review of Claims Process
40.
During the Claims Period, the Decision Period and the Appeal Period (as defined
below), the claims process will be reviewed by the Claims Process Reviewer.
41.
The costs of the review of the claims process, which costs will be capped at
$30,000, will be paid by the Defendants.
42.
A copy of the Claims Process Reviewer's report shall be filed with the Court
when the review of the claims process is completed.
Appeal Process
43.
Within 45 days from the end of the Decision Period (the "Appeal Period"),
Settlement Class Claimants who do not agree with the decision of the Settlement Administrator
may appeal that decision to the Arbitrator.
44.
Settiement Class Claimants wishing to appeal the decision of the Settiement
Administrator must, within the Appeal Period, deliver to the Settlement Administrator a
completed Appeal Form, substantially in the form attached as Schedule G to this Agreement,
along with any supporting documents, or by completing an online appeal form on the Settiement
Website. Forms received by Settiement Class Counsel shall be forwarded to the Settiement
Administrator within 3 business days of receipt.
45.
Upon receipt of completed Appeal Forms, the Settiement Administrator may
reconsider, in whole or in part, its decision. Should that occur, the Settiement Administrator will
notify the Settlement Class Claimant and Settiement Class Counsel and the appeal will only
proceed if there are unresolved issues, and will be confined to any such issues.
46.
Following conclusion of the Appeal Period, the Settiement Administrator will
provide copies of the completed Appeal Forms and supporting documents to Settiement Class
Counsel, together with a document containing an explanation as to why the Settiement
Administrator has determined that the decision should not be reconsidered (the "Supporting
Documents").
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47.
Upon receipt of the Appeal Forms and Supporting Documents, Settiement Class
Counsel will arrange for delivery of these materials, along with any comments of Settlement
Class Counsel, to the Arbitrator for review and ultimate disposition (the "Appeal Materials").
48.
The decision of the Arbitrator shall be in writing and will be final, with no further
right of appeal.
49.
The Arbitrator will review the decision of the Settiement Administrator based on
the Appeal Material, without any hearings, and will provide a decision in writing to Settiement
Class Counsel, counsel for the Defendants, and the Settiement Admimstrator within 60 days
from receipt of the Appeal Material. The Arbitrator shall be able to make inquiries of and to
seek additional information from the Settiement Class Claimant, Settiement Class Counsel or the
Settiement Admimstrator. The Arbitrator shall be entitied to seek directions from the Court and
to conduct hearings if approved by the Court.
Payments to Settiement Class Members
50.
If no Settiement Class Claimants appeal the decision of the Settlement
Administrator, all Settiement Class Claimants' claims will be paid within 60 days of the
conclusion of the Decision Period.
Such payments will be made by mail to an address
designated by the Settiement Class Claimant in the Claim Form or updated address provided to
the Settiement Administrator, and shall include the letter attached as Schedule H.
51.
If any appeals are filed in relation to the decisions of the Settiement
Administrator, Settiement Class Claimants' claims will be paid within 30 days from delivery of
the Arbitrator's decision of the appeals.
Notifications to Credit Reporting Agencies
52.
If:
(a)
the Settiement Class Claimant indicates in the Claim Form that he or she believes
there is a report of an Outstanding Loan on a credit report held by Equifax Canada
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Inc. and Trans Union of Canada Inc. (collectively the "Credit Reporting
Agencies"); and
(b)
the Settiement Class Claimant is fully released by the Settiement Agreement in
relation to all Outstanding Loans, and
(c)
the Settiement Class Claimant makes a request in the Claim Form for a letter to be
sent to the Credit Reporting Agencies,
then Cash Money will, within 30 days of payment to the Class Members, provide a letter to the
Credit Reporting Agencies advising that any record of the Outstanding Loan with the Credtt
Reporting Agencies should be removed as the information concerning the Outstanding Loan is
inaccurate.
Residue
53.
Any residue remaining in the Cash Fund of the Settiement Fund after payment of
the Approved Legal Expenses and Settiement Class Claimants' claims will remain in the
Settlement Fund, eaming interest for the benefit of the Settlement Fund, to be applied against
redemption of Credits. At the expiry of the Redemption Period, any cash remaining shall be
disbursed to a charity at the direction of the Court.
Dismissal of the Action
54.
After payment of the Approved Legal Expenses and Settlement Class Claimants'
claims, and provided that the Claims Process Reviewer's report has been filed with the Court
pursuant to paragraph 42 of this Agreement, the Defendants may apply to have the Action
dismissed against the Defendants, without costs and with prejudice.
55.
Neither the Plaintiff nor any Settlement Class Member will object to a dismissal
application brought pursuant to paragraph 54 of this Agreement.
19
General
56.
No Settlement Class Member shall have any claim against the Plaintiff, the
Settlement Administrator, the Claims Process Reviewer or the Arbitrator based on any payments
or other benefits made or provided, substantially in accordance with this Agreement, or with
further Orders of the Court or any appellate court.
57.
This Agreement and its attachments shall constitute the entire Agreement of the
Parties and shall not be subject to any change, modification, amendment, or addition without the
express written consent of counsel on behalf of all Parties to the Agreement. This Agreement
supersedes and replaces all prior negotiations and proposed agreements, written or oral.
58.
All Schedules are incorporated into this Agreement by reference.
59.
This Agreement shall be binding upon and inure to the benefit of the Parties
hereof and their representatives, heirs, successors, and assignees.
60.
In the event any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision if the Parties mutually elect to
proceed as if such invalid, illegal, or unenforceable provision had never been included in this
Agreement.
Powers of the Court
61.
The Court shall retain continuing and exclusive jurisdiction over the Parties
hereto, including the Plaintiff and all Settiement Class Members, and over the administration and
enforcement of the Settiement and the benefits to the Plaintiff and Settiement Class Members
hereunder, notwithstanding that the Action may have been dismissed pursuant to paragraph 54 of
this Agreement.
62.
The Court will issue directions or orders in such form as is necessary to
implement and enforce the provisions of the Agreement and will supervise the ongoing
20
performance of the Agreement. Without limiting the generality of the foregoing, the Court shall
have the jurisdiction to:
(a)
if necessary, remove the Settiement Administrator selected by the Defendants as
the administrator of the settlement;
(b)
appoint, and if necessary, remove any Arbitiator;
(c)
vary or extend any of the timelines in the Agreement, where reasonably necessary
to meet the objectives of the settlement;
(d)
amend any of the Notices issued pursuant to the Agreement, where reasonably
necessary to meet the objectives of the settlement;
(e)
direct that additional notices be given to Class Members, to be paid for out of the
Settlement Fund, where reasonably necessary to meet the objectives of the
Settlement;
(f)
order costs on a discretionary basis, to be paid by the Settlement Administrator for
failure to carry out any of its obligations under the Agreement;
(g)
on application of the Defendants, the Settlement Class Counsel, or the Arbitrator,
provide advice and direction; and
(h)
approve any amendment or supplement to, or restatement of, the Agreement
agreed to in writing by the Parties.
63.
Any disputes or controversies arising with respect to the interpretation,
enforcement, or implementation of this Agreement must be made by motion to the Court.
21
Representations and Warranties
64.
The undersigned Class Counsel warrant that they are fully authorized to execute
this Agreement on behalf of the Plaintiff and to execute and legally bind the Plaintiff to this
Agreement.
65.
The undersigned counsel to Genova and Cash Money warrant that they are fully
authorized to execute this Agreement on behalf of Genova and Cash Money and to execute and
legally bind Genova and Cash Money to this Agreement.
66.
The Parties hereby agree to stay all proceedings in the Action until the approval of
this Agreement has been finally determined, except the stay of proceedings shall not prevent the
filing of any motions, affidavits, and other matters necessary for the approval of this Agreement.
67.
The Defendants and the Plaintiff acknowledge that they have been represented
and advised by independent legal counsel throughout the negotiations that have culminated in the
execution of this Agreement, and that they have voluntarily executed the Agreement on the
advice of counsel.
68.
This Agreement may be executed in counterpart by the parties hereto, and a
facsimile signature shall be deemed an original signature for purposes of this Agreement.
69.
This Agreement shall be construed under and governed by the laws of the
Province of Alberta.
70.
The Parties have negotiated and fully reviewed the terms of this Agreement, and
the rule that uncertainty or ambiguity is to be construed against the drafter shall not apply to the
construction of this Agreement by a court of law or any other adjudicating body.
22
71.
Whenever, under the terms of this Agreement, a person is required to provide
service or written notice to the Settlement Administrator, the Defendants or to Class Counsel,
such service or notice shall be directed to the individuals and addresses specified below, unless
those individuals or their successors give notice to the other Parties in writing:
As to Class Counsel and Settlement Class As to the Defendants:
Counsel:
Vincent Genova
Paul Bennett and Mark Mounteer
Rochon Genova LLP
Hordo Bennett Mounteer LLP
121 Richmond Street West
1400 - 128 West Pender Street
Suite 900
Vancouver, BC V6B 1R8
Toronto ON M5H 2K1
Fax: (604)639-3681
Fax: (416) 363-0263
E-mail: pb@hbmlaw.com
Email: vgenova@rochongenova.com
mm@hbmlaw.com
As to the Settiement Administrator:
Alberta Settlement Administrator
Cash Money
5155 Spectrum Way, Unit 16
Mississauga, ON L4W 5A1
IN WITNESS THEREOF, the Parties hereto have executed this Agreement as follows:
Date: ^J^-'f"-''^-^/ J-// 2- //
By:
.^4«i>/^
mfy'^'
Paul Benndtt as Class Counsel '^
On behalf of the Plaintiff and Settiement Class
Members
Date: 'Ifk-J^M^i
^
/ 1 'l-
By:
Vincent Genova as Counsel to the Defendants
On behalf of Joseph P. Genova and on behalf
Cash Money Cheque Cashing Inc.
23
SCHEDULE "A": ORDER
COURT FILE NUMBER
1001-04191
COURT
COURT OF QUEEN'S BENCH
OF ALBERTA
JUDICIAL CENTRE
CALGARY
PLAINTIFF(S)
KOSTAS EFTHIMIOU
DEFEND ANT(S)
CASH MONEY CHEQUE CASHING INC.
and JOSEPH P. GENOVA
DOCUMENT
ORDER
ADDRESS FOR SERVICE
AND
CONTACT INFORMATION
OF
PARTY FILING THIS
DOCUMENT
CUMING & GILLESPIE
Barristers and Solicitors
210 - 140 - 10th Avenue S.E.
Calgary, Alberta T2G ORl
Lawyer: Craig G. Gillespie
Email: craig@cglaw.ca
Telephone: (403) 571-0555
Facsimile: (403) 232-8818
SoUcitor's File No. 12540 CGG
Clerk's Stamp
DATE ON WHICH ORDER WAS PRONOUNCED:
JANUARY 17, 2012
NAME OF JUDGE WHO MADE THIS ORDER:
The Honourable Justice Mr. Rooke
THE APPLICATION of the Plaintiff dated January 13, 2012 for coming on for
hearing at Calgary, Alberta, on January 17, 2012, and on hearing Paul R. Bennett , Mark W.
Mounteer, and Craig Gillespie, counsel for the Plaintiff; and Vincent Genova, counsel for the
Defendants.
IT IS HEREBY ORDERED THAT:
1.
This action is certified as a class proceeding against the Defendants only for the purpose
of, and in accordance with the terms of, the Settiement Agreement dated January 13, 2012
(the "Agreemenf).
2.
The Class is defined for settlement purposes as set out in paragraph l(q) of the
Agreement.
3.
The Plaintiff Kostas Efthimiou is appointed as the Representative Plaintiff on behalf of
the Class.
4.
The common issues to be determined in this class proceeding are set out in Appendix A
of this Order.
5.
The Agreement is incorporated into, and forms part of this Order. Unless otherwise stated,
the defined terms in this Order shall have the same meaning ascribed to them in the
Agreement.
6.
The settlement which is memorialized in the Agreement (the "Settlemenf) is fair,
reasonable and in the best interest of the Class, and is hereby approved.
7.
The manner in which notice is given to the Class of the certification and settiement of this
class proceeding, and the form of that notice, as set out in paragraphs 1(f) and 8 of the
Agreement, and the Schedules referred to therein, is hereby approved.
8.
Class members shall have the right to opt out of this class proceeding in the manner set out
in paragraphs 14 and 15 of the Agreement and the Schedules referred to therein.
9.
The Agreement shall be binding upon the Representative Plaintiff and upon all Class
Members who have not validly opted out of this class proceeding in accordance with
paragraph 8 of this Order.
10.
Class members who opt out in accordance with paragraph 8 of this Order shall not be
entitled to any of the monetary and other benefits extended to Class members pursuant to the
Agreement.
11.
Class members who fail to submit a claim in accordance with paragraphs 37 and 38 of the
Agreement on or before the end of the Claims Period shall not share in any distribution
made in accordance with the Agreement.
25
12.
The Releases set forth in paragraphs 35 and 36 of the Agreement shall have full force and
effect.
13.
The Retainer Agreement between Kostas Efthimiou and Hordo & Bennett and Cuming &
Gillespie (the "Retainer Agreemenf) is approved.
14.
Pursuant to the Retainer Agreement, Hordo Bennett Mounteer LLP and Cuming & Gillespie
(collectively. Class Counsel") will be paid $870,075.40 on account of legal fees,
disbursements and taxes thereon in respect of the Settlement, which amount shall include an
award of compensation of $10,000 to be paid to the representative plaintiff, Kostas
Efthimiou.
15.
Cash Money is appointed as the Settlement Administrator, pursuant to paragraph l(p) of the
Agreement.
16.
Epiq Systems Inc. is appointed as the Claims Process Reviewer, pursuant paragraph 1(c) of
the Agreement.
17.
Ivan Derer is appointed as the Arbitrator, pursuant to paragraph 1(a) of the Agreement. The
Arbitrator shall be able to make inquiries of and to seek additional information from the
Settlement Class Claimant, Settlement Class Counsel or the Settlement Administrator.
The Arbitrator shall be entitled to seek directions from the Court and to conduct hearings
if approved by the Court.
18.
Nothing in this Order or in the Agreement or any negotiations as between the parties shall
be:
(a)
offered, constmed as, or be deemed to be evidence of any presumption, admission or
concession on the part of any of the Representative Plaintiff, Plaintiff s Counsel, any
members of the Class, any Defendants or Defendants' Counsel, of any liability or
wrongdoing by them, or that the claims and defenses that have been, or could have
been, asserted in this action are or are not meritorious;
(b)
offered or received in evidence in any action or proceeding, or be used in any way as
an admission or concession or evidence of any liability or wrongdoing of any nature
26
or that the Representative Plaintiff any Class member or any other person has or has
not suffered any damage;
provided, however, that the Agreement and this Order may be filed in any action to enforce
the Agreement or the terms of this Order, or to assert defenses to the claims which are the
subject of the releases in paragraphs 35 and 36 of the Agreement.
19.
If the approval of the Settlement is not upheld on appeal:
(a)
this Order shall be set aside, be of no fiirther force or effect, and be without prejudice
to any party;
(b)
the Settlement, the Agreement and all proceedings in connection with same shall be
null and void, except insofar as expressly provided in the Agreement, and without
prejudice to the status quo ante rights of the parties; and
(c)
each party shall be restored to his, her or its respective position as it existed
immediately prior to the execution of the Agreement.
20.
The parties shall be at liberty to apply for further directions with respect to any matters
arising under the Agreement, over which this Court retains continuing jurisdiction.
21.
After payment of the Approved Legal Expenses and Settiement Class Member's claims,
and provided that the Claims Process Reviewer's report has been filed with the Court
pursuant to paragraph 42 of the Agreement, the Defendants may apply to have this action
dismissed against all named Defendants, without costs and with prejudice.
DATED
At Calgary, Alberta
CONSENTED TO THIS
2012
DAY OF.
27
Cuming & Gillespie
Counsel for the Plaintiff
CONSENTED TO THIS
2012
DAY OF
Counsel for the Defendants
28
Appendix "A"
COURT FILE NUMBER
1001-04191
COURT
COURT OF QUEEN'S BENCH
OF ALBERTA
JUDICLA.L CENTRE
CALGARY
PLAINTIFF(S)
KOSTAS EFTHIMIOU
DEFEND ANT(S)
CASH MONEY CHEQUE CASHING INC.
and JOSEPH P. GENOVA
DOCUMENT
STATEMENT OF COMMON ISSUES
ADDRESS FOR SERVICE
AND
CONTACT INFORMATION
OF
PARTY FILING THIS
DOCUMENT
CUMING & GILLESPIE
Barristers and Solicitors
210 - 140 - 10th Avenue S.E.
Calgary, Alberta T2G ORl
Lawyer: Craig G. Gillespie
Email: craig@cglaw.ca
Telephone: (403) 571-0555
Facsimile: (403) 232-8818
Sohcitor's File No. 12540 CGG
1.
2.
Clerk's Stamp
Do the Loan Fees charged by Cash Money constitute interest as defined by and for the
purpose of s. 347 of the Criminal Code, either in whole or in part?
ff
the answer to (1) is yes, then do the standard form agreements pursuant to which those
Loan Fees have been collected from Class members constitute agreements or
arrangements to receive interest at a criminal rate, contrary to s. 347(1) of the Criminal
Codel
3.
If the answer to (1) is yes, then has the collection by Cash Money of those Loan Fees in
accordance with the terms of the standard form agreements on which the Payday Loans
have been advanced by Cash Money to Class members, together with any charge
expressly stated by those agreements to be interest, resulted in the payment by Class
members to and the receipt by Cash Money of interest at a criminal rate, conttary to s.
347(1) of the Criminal Codel
4.
If the answer to (3) is yes, has Cash Money been unjustly enriched by the collection of
those Loan Fees from the Class members?
5.
If Cash Money has received a payment of interest at a criminal rate from Class members
in respect of the Class Loans, then:
(a)
were the Class Loans advanced by Cash Money to the Class members at the
direction and for the benefit of Genova?
(b)
were the Loan Fees received by Cash Money paid in whole or in part to Genova?
and
(c)
did Genova direct the transfer, use, or otherwise have the benefit of the Loan Fees
collected by Cash Money from the Class members?
6.
If the answer to any one of (5)(a) to (c) is yes, then has Genova been unjustly enriched by
the payment by Class members of interest at a criminal rate in respect of their Class
Loans?
7.
If the answer to (4) or (6) is yes:
(a)
Do those Defendants hold the benefit they have received as a result of this unjust
enrichment in trust for those Class members who provided that benefit to those
Defendants? and
(b)
Are those Defendants Hable to account to those Class members for the benefit
received from them and all profits eamed therefrom?
8.
If the answer to (2) is yes, does the provision by Cash Money of Class Loans to Class
Members in Alberta on terms that offend s. 347(1) of the Criminal Code constitute an
unconscionable transaction within the meaning of the Unconscionable Transactions Act
and/or an unfair practice within the meaning of the Fair Trading Actl
9.
If the answer to (3) is yes, does the receipt by Cash Money of interest at a criminal rate in
respect of the Class Loans borrowed in Alberta constitute an unconscionable transaction
within the meaning of the Unconscionable Transactions Act and/or an unfair practice
within the meaning of the Fair Trading Actl
10.
If the answer to (4) is yes, does the unjust enrichment by Cash Money from the collection
of interest at a criminal rate in respect of the Class Loans borrowed in Alberta constitute
an unconscionable transaction within the meaning of the Unconscionable Transactions
Act and/or an unfair practice within the meaning of the Fair Trading Actl
11.
If the answer to (8), (9), or (10) is yes, is Cash Money liable for damages to those Class
Members who have suffered any loss or damage because of the unconscionable act or
unfair practice?
12.
If the answer to (2) or (3) is yes, then is Genova jointiy and severally liable for the acts of
Cash Money in advancing loans to the Class members on terms that offended s. 347(1) of
the Criminal Code, or by receiving interest in respect of those loans at a criminal rate,
contiary to s. 347(1) of the Criminal Codel
30
13.
Has Cash Money failed to provide a proper or any disclosure statement setting out the
APR for Class Loans borrowed in Alberta as required by ss. 63 and 77 of the Fair
Trading Act and s. 8(l)(o) of the CCD Regulationsl
14.
If the answer to (13) is yes, are Class members who borrowed in Alberta entitled to
repayment of or damages for all amounts paid by them to Cash Money in excess of the
principal advanced in connection with their Class Loans?
15.
If the answer to (8), (9), (10), or (13) is yes, is Cash Money Hable for statutory damages
to the Class members who borrowed in Alberta in the amount of the lesser of $500 or 5%
of the maximum outstanding balance of the Class Loan as provided by s. 98(3) of the
Fair Trading Actl
31
SCHEDULE "B": CLASS NOTICE
NOTICE OF SETTLEMENT OF PAYDAY LOAN CLASS ACTION AGAINST CASH
MONEY
Read this notice carefully as it may affect your legal rights.
The purpose of this notice
This notice is to all residents of Alberta who have borrowed money as a "payday loan" from a
Cash Money location between March 18, 2008 and March 1, 2010 and have repaid the loan and
the standard Service Cost Fee charged by Cash Money.
A class action has been certified in the Court of Queen's Bench of Alberta against Cash Money
and others. This action alleges that Cash Money has provided payday loans in a manner which is
contrary to the Criminal Code and seeks to recover monies alleged to have been unlawfully
received in relation to these loans. The Defendants deny these allegations, and they remain
unproven.
On January 17, 2012, the Honourable Mr. Justice Rooke of the Court of Queen's Bench of
Alberta approved the settiement of the class action. The settlement does not constitute an
admission by or a finding of liability against the Defendants and is a compromise of disputed
claims.
Who is part of the class action?
You are a member of the Class and entitled to participate in this settlement if you borrowed a
Payday Loan between March 18, 2008 and March 1, 2010 from a Cash Money location in
Alberta and repaid that loan along with the standard fees charged by Cash Money on the due date
of the Payday Loan or within 141 days of the Payday Loan advance, and where that Payday Loan
was not the subject of a claim made under the settlement reached in Ontario in Mortillaro v.
Cash Money Cheque Cashing Inc. (Ontario Court File No. 03-CV-257357CP).
What are the terms of the settlement?
Each Class member submitting a claim is entitled to receive a refund of up to 100% of the
Service Cost Fees paid plus interest, subject to reductions for legal expenses and repayment of
any unpaid loans. Refunds will be paid approximately equal portions of cash and credits that are
redeemable for cash between January 17, 2015 and January 17, 2016 or are redeemable
immediately for services from a Cash Money location.
To fund the payment of claims, the Defendants will estabHsh a Settiement Fund of more than
$2.5 miUion in cash and credits. The precise amount of your refund will depend upon the total
amount of the claims made against this Settlement Fund, may be reduced to pay your share of the
legal expenses approved by the Court, and will be offset by any principal amount and legal
interest outstanding on your loans. If the amount of the Settlement Fund available to pay claims
is less than the total amount of the claims made, you will receive a pro rata share of the
Settlement Fund.
The complete terms and conditions of this Court approved settiement are contained in the
Settlement Agreement, which is available at www.albertacashmoneyclassaction.com.
How do I make a claim?
To receive compensation under the settiement, each Class member must submit a Claim Form,
and a copy of the required identification document as specified on the Claim Form, on or before
[date]:
1.
by mail to: [address]
2.
by fax to: [number]
3.
by e-mail to: [address]
A Claim Form will be delivered concurrentiy with the mailing of this notice to Class members
who have been identified to their last known address. The Claim Form is also available at
www.albertacashmoneyclassaction.com.
Class members must submit a Claim Form on or before [date] to receive compensation under this
settlement. Failure to submit a claim form on or before [date] will forever eHminate all rights to
claim or receive settlement compensation, as you will be bound by the terms of a release.
33
SCHEDULE "C": OPT-OUT FORM
CASH MONEY SETTLEMENT OPT-OUT FORM
(
)
I do not want to participate in the class action, Efthimiou v. Cash Money Cheque
Cashing Inc. and others, Court of Queen's Bench of Alberta, Judicial Centre of Calgary,
Registry No. 1001-04191.
I understand that if I complete this form I will not benefit from the settlement agreement
negotiated in the action from which I am opting out, and, to the extent that I may wish to
pursue a claim against any of the Defendants, I will need to pursue my claim individually.
Print Name
Sign Name
Date of Birth:
Month
Day
Year
Day
Year
Address
_, Alberta
City
Postal Code
Dated:
Month
This document must be deHvered (in person, by mail, courier, fax or e-mail) to Hordo Bennett
Mounteer LLP by no later than [Date].
Cash Money Opt-Out Administrator
Hordo Bennett Mounteer LLP
1400 - 128 West Pender Street
Vancouver, B.C. V6B 1R8
Fax: (604) 639-3681
Email: optout@albertacashmoneyclassaction.com
SCHEDULE "D": REMINDER NOTE
DATE -1- PERSONAL ADDRESS
Dear [XXXX],
In 2012, you received Credits as part of the Efthimiou v. Cash Money Cheque Cashing Inc. and
others. Court of Queen's Bench of Alberta, Judicial Centre of Calgary, Registry No. 1001-04191
class action settlement. The Credits can now be redeemed for an equivalent amount of cash until
January 17, 2016 by:
(i)
attending a Cash Money location and presenting government-issued
identification; or
(ii)
completing the online form at www.cashmoney.ca.
The Credits are not transferable, but do accrue to the benefit of any Settlement Class Member's
estate upon presentation of the Settlement Class Member's death certificate.
After January 17, 2016, you will still be able to use any unclaimed Credits to pay outstanding
Service Cost Fees or cheque-cashing fees in any Cash Money locations.
You can get a statement of your unused Credits at any Cash Money location.
Sincerely,
[NAME], Settlement Administrator
SCHEDULE "E": CLAIM FORM
Cash Money Address
#JH^KJ
5155 Spectrum Way, Unit 16
Mississauga, ON L4W 5A1
[Insert Fax Number]
Alberta Cash Money Class Action Settlement Claim Form
Please fill in the information below and submit this form by mail or fax to the address/fax number set out
above by no later than <Claims DeadUno. You must also attach a copy of a government-issued photo
identification document (such as a driver's license, passport, status card, military ID).
Last name:
First name:
Birth Date (MMDDYY):
Mailing Address:
No. and Street:
City/Town:
Apt.:
Province:
Postal Code:
Email:
Cash Money locations in Alberta where payday loans arranged (if known):
To the extent that you have any documentation regarding your loan(s), we encourage you to attach
same to facilitate and expedite the processing of your claim. Such information is not, however,
required in order to make a claim.
DYes
(Please Check if Applicable)
I believe that there is a notation on my credit report concerning a loan that is
presently owed to the Cash Money. If that loan is fully satisfied by my refund
entitiement under this settlement, I hereby request that a letter be provided to the
Credit Reporting Agencies advising that the notation should be removed as the
information is inaccurate.
SCHEDULE "F": LETTER TO CLAIMANTS (No Setoff)
DATE + PERSONAL ADDRESS
Dear [XXXX],
We are writing to confirm that we have received and approved your claim for a refund of
Service Cost Fees pursuant to the terms of the settiement of the class action: Efthimiou v.
Cash Money Cheque Cashing Inc. and others, Court of Queen's Bench of Alberta, Judicial
Centre of Calgary, Registry No. 1001-04191. The Settlement Agreement and the Order
approving it are available for review at www.albertacashmoneyclassaction.com.
HOW MUCH IS MY REFUND?
You will receive a reftmd of [amount], which will be mailed by no later than [date]. This will
include a [amount] cheque and [amount] in cash redeemable credits. A request to redeem
these credits can be made between January 17, 2015 and January 17, 2016 and a cheque for
your balance will be mailed to you within 60 days. Altematively, the credits can be used for
future payday loans or cheque cashing services at any Cash Money location.
HOW WAS MY REFUND CALCULATED?
Only included if Pro-rata Reduction
Pursuant to the terms of the Settlement you are entitled to a partial refiind of [percentage] of
the total Service Cost Fees you paid between March 18, 2008 and June 15, 2009 and
[percentage] of the Service Cost Fees you paid between June 16, 2009 and March 1, 2010.
Note that the amount of your refund may vary sHghtiy from the refund amount set out above
as a result of the Appeal Process.
Our records show that you paid [amount] in qualifying Service Cost Fees between March 18,
2008 and June 15, 2009 and [amount] in qualifying Service Cost Fees between June 16, 2009
and March 1, 2010. You are also entitied to an additional [amount], which is interest
calculated at 5% per annum, compounded semi-annually, on those quaUfying Service Cost
Fees up until [date]. Service Cost Fees paid in connection with loans that were not repaid
within 141 days do not qualify for a refund under the settiement and have been removed from
your entitiement calculation. In addition, Service Cost Fees paid after March 1, 2010 are not
included.
Of that amount, [amount] has been paid to Hordo Bennett Mounteer LLP and Cuming &
Gillespie as your contribution to the Court-approved legal expenses. These approved legal
expenses include the legal fees paid to Hordo Bennett Mounteer LLP and Cuming &
Gillespie, the costs incurred in prosecuting the action, and taxes, [amount] is your refund
after the deduction of approved legal expenses.
If you believe that an error has been made, please complete the enclosed Appeal of Claim
Form and return it to [Name of Settlement Administrator] by [Date] by mail or fax to:
[address and fax details]. No Appeal will be accepted after that date.
Sincerely,
[NAME], Settiement Administrator
SCHEDULE "F": LETTER TO CLAIMANTS (Partial Setoff)
DATE + PERSONAL ADDRESS
Dear [XXXX],
We are writing to confirm that we have received and approved your claim for a refund of
Service Cost Fees pursuant to the terms of the settiement of the class action: Efthimiou v.
Cash Money Cheque Cashing Inc. and others. Court of Queen's Bench of Alberta, Judicial
Centre of Calgary, Registry No. 1001-04191. The Settlement Agreement and the Order
approving it are available for review at www.albertacashmoneyclassaction.com.
HOW MUCH IS MY REFUND?
You will receive a refund of [amount], which will be mailed by no later than [date]. This will
include a [amount] cheque and [amount] in cash redeemable credits. A request to redeem
these credits can be made between January 17, 2015 and January 17, 2016 and a cheque for
your balance will be mailed to you within 60 days. Altematively, the credits can be used for
future payday loans or cheque cashing services at any Cash Money location.
HOW WAS MY REFUND CALCULATED?
Only included if Pro-rata Reduction
Pursuant to the terms of the Settlement you are entitied to a partial refund of [percentage] of
the total Service Cost Fees you paid between March 18, 2008 and June 15, 2009 and
[percentage] of the Service Cost Fees you paid between June 16, 2009 and March 1, 2010.
Note that the amount of your refund may vary sHghtly from the refund amount set out above
as a result of the Appeal Process.
Our records show that you paid [amount] in quaUfying Service Cost Fees between March 18,
2008 and June 15, 2009 and [amount] in qualifying Service Cost Fees between June 16, 2009
and March 1, 2010. You are also entitled to an additional [amount], which is interest
calculated at 5% per annum, compounded semi-annually, on those qualifying Service Cost
Fees up until [date]. Service Cost Fees paid in connection with loans that were not repaid
within 141 days do not quaUfy for a refund under the settiement and have been removed from
your entitiement calculation. In addition, Service Cost Fees paid after March 1, 2010 are not
included.
Of that amount, [amount] has been paid to Hordo Bennett Mounteer LLP and Cuming &
Gillespie as your contribution to the Court-approved legal expenses. These approved legal
expenses include the legal fees paid to Hordo Bennett Mounteer LLP and Cuming &
Gillespie, the costs incurred in prosecuting the action, and taxes.
In addition, [amount] has been paid to Cash Money towards an unpaid loan(s). [amount] is
your refund after those deductions.
If you believe that an error has been made, please complete the enclosed Appeal of Claim
Form and retum it to [Name of Settlement Administrator] by [Date] by mail or fax to:
[address and fax details]. No Appeal will be accepted after that date.
Sincerely,
[NAME], Settlement Administrator
39
SCHEDULE "F": LETTER TO CLAIMANTS (Full Setoff)
DATE + PERSONAL ADDRESS
Dear [XXXX],
We are writing to confirm that we have received and approved your claim for a refund of
Service Cost Fees pursuant to the terms of the settiement of the class action: Efthimiou v.
Cash Money Cheque Cashing Inc. and others. Court of Queen's Bench of Alberta, Judicial
Centre of Calgary, Registry No. 1001-04191. The Settiement Agreement and the Order
approving it are available for review at www.albertacashmoneyclassaction.com.
HOW MUCH IS MY REFUND?
Your entire refund has been paid to Cash Money towards unpaid loan(s). You wiU not
receive any further payment under this settlement.
HOW WAS MY REFUND CALCULATED?
Only included if Pro-rata Reduction
Pursuant to the terms of the Settlement you are entitled to a partial refund of [percentage] of
the total Service Cost Fees you paid between March 18, 2008 and June 15, 2009 and
[percentage] of the Service Cost Fees you paid between June 16, 2009 and March 1, 2010.
Note that the amount of your refund may vary sHghtiy from the refund amount set out above
as a result of the Appeal Process.
Our records show that you paid [amount] in quaUfying Service Cost Fees between March 18,
2008 and June 15, 2009 and [amount] in quaUfying Service Cost Fees between June 16, 2009
and March 1, 2010. You are also entitied to an additional [amount], which is interest
calculated at 5% per annum, compounded semi-annuaUy, on those quaUfying Service Cost
Fees up until [date]. Service Cost Fees paid in connection with loans that were not repaid
within 141 days do not quaUfy for a refund under the settiement and have been removed from
your entitiement calculation. In addition. Service Cost Fees paid after March 1, 2010 are not
included.
Of that amount, [amount] has been paid to Hordo Bennett Mounteer LLP and Cuming &
Gillespie as your confribution to the Court-approved legal expenses. These approved legal
expenses include the legal fees paid to Hordo Bennett Mounteer LLP and Cuming &
Gillespie, the costs incurred in prosecuting the action, and taxes.
The remaining [amount] has been paid to Cash Money towards an unpaid loan(s).
If you beHeve that an error has been made, please complete the enclosed Appeal of Claim
Form and retum it to [Name of Settiement Administrator] by [Date] by mail or fax to:
[address and fax details]. No Appeal will be accepted after that date.
Sincerely,
[NAME], Settiement Administtator
SCHEDULE "F": LETTER TO CLAIMANTS (Rejection)
DATE + PERSONAL ADDRESS
Dear [XXXX],
We are writing to confirm that we have received your claim for a refund of Service Cost
Fees in accordance with the terms of the settiement of the class action: Efthimiou v. Cash
Money Cheque Cashing Inc. and others. Court of Queen's Bench of Alberta, Judicial
Centre of Calgary, Registry No. 1001-04191. The Settiement Agreement and the Order
approving it are available for review at www.albertacashmoneyclassaction.com.
Our records indicate that you did not pay any qualifying Service Cost Fees in Alberta
between March 18, 2008 and March 1, 2010.
If you beHeve that an error has been made, please complete the Appeal of Claim Form
(on back of this letter) and retum it to [Name of Settlement Administtator] by [Date] by
mail or fax to: [address and fax details]. No Appeal will be accepted after that date.
Sincerely,
[NAME], Settlement Administrator
SCHEDULE "G": APPEAL FORM
APPEAL FORM
Full Name
Email Address
Address
(If different from Notice Of
Entitlement)
Home Phone Number
Cell Phone Number
Work Phone Number
If you believe that an error has been made in the calculation of your entitlement under the
Settlement Agreement, please carefully set out why you believe that your estimated
entitlement is incorrect. In addition, please include copies of any supporting documents
(for example, cancelled cheques, account statements, or loan documents).
Hordo Bennett Mounteer LLP, Plaintiffs counsel, may attempt to contact you at each of
the phone numbers you have provide above. Your dispute will be withdrawn if you fail
to respond to Hordo Bennett Mounteer LLP within 14 days.
Reason for Dispute (Required)
SCHEDULE "H": PAYMENT LETTER
DATE + PERSONAL ADDRESS
Dear [XXXX],
Please find enclosed your refund entitiement under the Efthimiou v. Cash Money Cheque
Cashing Inc. and others. Court of Queen's Bench of Alberta, Judicial Centre of Calgary,
Registry No. 1001-04191 class action settiement. The Credits can be used for services at
any Cash Money location. Alternately, the can be redeemed for an equivalent amount of
cash between untd January 17, 2015 and January 17, 2016 by:
(i)
attending a Cash Money location and presenting governmentissued identification; or
(ii)
completing the online form at www.cashmoney.ca.
The Credits are not transferable, but do accrue to the benefit of any Settiement Class
Member's estate upon presentation of the Settlement Class Member's death certificate.
You can get a statement of your unused Credits at any Cash Money location.
If you move, please update their current address by completing the online change of
address form at www.albertacashmoneyclassaction.com. On January 17, 2015 a letter
wiU be sent out reminding you of your right to redeem the Credits for cash.
Sincerely,
[NAME], Settlement Administrator