Frequently Asked Questions

  1. Why is there a Notice?

    The purpose of the Notice is to inform potential class members about the proposed Settlement of a class action lawsuit. The Notice explains:

    • What the lawsuit and the Settlement are about.
    • Who is a member of the Settlement Class.
    • Who represents the Settlement Class Members in the lawsuit.
    • What your legal rights and choices are.
    • How and by when you need to act.

    To view a copy of the Notice, click here.

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  2. What is a class action and who is involved?

    In a class action lawsuit, one or more people, called “Named Plaintiffs” or “Class Representatives,” sue on behalf of people who the Named Plaintiffs believe have similar claims. The people together are called the “Class” or “Class Members.” In this case, the Named Plaintiffs and the company being sued, the Defendant, have reached a proposed settlement. A Court has certified the Settlement Class and is considering whether to approve the settlement. All decisions that the Court makes concerning the settlement will affect everyone in the Settlement Class.

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  3. What lawsuit is involved in this settlement?

    A class action was filed in the United States District Court for the Central District of California entitled Alfred and Jessy Zaklit, individually and on behalf of all others similarly situated, v. Nationstar Mortgage LLC., Case No.: 5:15-cv-02190-CAS-KK. This lawsuit is referred to as the “Class Action.”

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  4. What is this Class Action about?

    This Class Action alleges that Defendant violated a California law by recording telephone calls to individuals’ mobile phones without their consent.

    Defendant strongly denies any wrongdoing, but has agreed to settle the lawsuit in order to avoid the burden and cost of further litigation.

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  5. Why is there a settlement?

    The Court did not decide in favor of the Named Plaintiffs or Defendant. The Class Representatives and Class Counsel (listed in FAQ 22 and FAQ 19) believe that the claims asserted in the Class Action have merit, but believe that the Settlement is in the best interests of the Settlement Class. Class Counsel has evaluated information made available in the course of the lawsuit and settlement negotiations and have taken into account the risks and uncertainties of proceeding with the Class Action. Those risks include the uncertainty of maintaining class certification, prevailing on the merits, proving substantial damages at trial, and prevailing on post-trial motions and likely appeals. Based upon the consideration of these and other factors, including the substantial time and expense of further litigation, Class Counsel believes that it is in the best interests of the Settlement Class to settle the Class Action on the terms described in FAQ 7.

    Defendant strongly denies any wrongdoing and does not believe it has any liability to the Class Representatives or the Settlement Class. However, Defendant believes that it is in its best interest to settle the Class Action under the terms of the Settlement Agreement and obtain closure on these matters to avoid the uncertainty, expense, and diversion of business resources resulting from further litigation.

    The Parties engaged in settlement negotiations, participated in mediation before a professional mediator, and shared information pertaining to the claims asserted in the Class Action before reaching the settlement.

    The Notice or this website does not imply that any court has found or would have found that Defendant violated the law or that any member of the class would have recovered any amount of damages if the Class Action were not settled.

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  6. Am I a Member of the Settlement Class?

    You are a member of the Settlement Class if:

    • You received an initial outbound call from Defendant between October 23, 2014, and May 1, 2016, on your cellular phone while you were physically present in California and Defendant recorded the call without first informing you it would be recorded.
    • You are not a current or former employee, officer, director, agent, or legal representative of the Defendant, or its affiliated entities.

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  7. What benefits will I receive as a member of the Settlement Class?

    The Settlement Agreement must be approved by the Court and become “Final” before any benefits are paid.

    The Settlement will create a fund of $6,500,000. Plaintiffs will request payment from the Settlement Fund of attorneys’ fees not to exceed $2,145,000, administration costs not to exceed $200,000, Court Costs not to exceed $100,000 and an incentive award to the two named Plaintiffs, not to exceed $10,000 per Plaintiff. After these deductions, it is estimated that there will be approximately $4,035,000 for the Settlement Class to be distributed pro rata.

    After the Court grants Final Approval of the Settlement, each Settlement Class Member who submitted a Valid Claim Form as described above will receive a check in the mail for an amount that shall be calculated pro rata based on the number of Valid Claim Forms that are submitted by the Settlement Class. All unclaimed Settlement Funds will then be given to Public Justice Foundation.

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  8. Is there any money available now?

    No. No money or benefits are available now because the Court has not yet decided whether to approve the Settlement and because it is not yet final. There is no guarantee that money or benefits will ever be distributed.

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  9. How do I file a Claim?

    If you are a Settlement Class Member and wish to participate in the Settlement, you must complete and submit a timely Claim Form. You can submit your Claim Form online here, or download a copy here and submit by mail to the Settlement Administrator at Zaklit v. Nationstar Settlement Administrator, P.O. Box 4349, Portland, OR 97208-4349.

    Claim forms must be submitted online or postmarked no later than July 2, 2019.

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  10. What happens if I do nothing?

    If you do nothing, you will be bound by the terms of the Settlement Agreement and Final Judgment, thus forfeiting your right to sue on your own regarding any claims that are part of the Settlement. However, your failure to timely submit a Valid Claim Form will forfeit your right to receive your portion of the Settlement Fund.

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  11. If I remain in the Settlement Class, what claims do I give up?

    If you remain in the Settlement Class, you give up your right to sue in court or arbitration or be part of any other lawsuit or arbitration against Defendant or its affiliates regarding any issues related to the Released Claims (please see the Settlement Agreement for the claims that will be released). Additionally, all of the Court’s orders will apply to you and legally bind you.

    In other words, this release applies to any claim any Class Member may have arising out of the calls described in the Complaint, whether that claim arises under the IPA or any other legal theory or cause of action. For example, if a Settlement Class Member believes that a call as described in the Complaint violates some other law than the IPA or breached a contract, such a claim would be barred by this release. However, if the Class Member believes that she suffered some injury unrelated to the calls alleged in the Complaint, those claims would not be barred by the release.

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  12. Why would I ask to be excluded?

    You should exclude yourself if you do not wish to participate in the Settlement or be bound by any order or judgment entered in the action. You may want to exclude yourself from the Settlement Class if you already have filed (or intend to file) a lawsuit or arbitration against Defendant or its affiliates for the Released Claims and want to continue that lawsuit or arbitration individually, on your own behalf. If you do not exclude yourself, you will be legally bound by all orders of the Court regarding the Settlement Class, the Settlement Agreement, and the Released Claims. All Settlement Class Members who do not ask to be excluded will be forever barred from asserting against Defendant and its affiliates any and all actions, claims, causes of action, proceedings, or rights of any nature and description whatsoever regarding the Released Claims, as more fully described in the Settlement Agreement.

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  13. How do I exclude myself from the Settlement Class?

    You may exclude yourself (“opt out”) from the Settlement Class by submitting an Opt-Out Form. You may submit this form electronically here, or you may download the form here and mail it to the Settlement Administrator. If you choose to mail your Opt-Out Form, please send it to the following address:

    Zaklit v. Nationstar
    Settlement Administrator
    P.O. Box 4349
    Portland, OR 97208-4349

    The Opt-Out Form must be submitted electronically or postmarked no later than July 30, 2019.

    If you exclude yourself from the Settlement, you cannot object to the Settlement and you will not receive any money or other benefits from the Settlement.

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  14. Can I object to the Settlement?

    Yes, but not if you exclude yourself from the Settlement Class. Objecting is simply telling the Court that you do not like something about the Settlement but that you elect to remain in the Settlement Class. All objections that are timely filed with the Court and served on the parties at the addresses set forth below will be considered at the Final Approval Hearing on August 19, 2019. If you do not serve an objection, you waive your right to appeal any Court order or judgment related to the Settlement. If the Settlement is ultimately approved over your objection, you will be bound by the Settlement and give up your right to sue on your own regarding any claims that are part of the Settlement.

    To object to the Settlement, you must submit a written objection to the Clerk of the Court and serve copies of the objection on the parties attorneys, including the following information:

    • The name and case number of this lawsuit;
    • Your full name, address, and mobile telephone number;
    • A written statement of all grounds for your objections accompanied by any legal support for such objections;
    • Copies of any papers, briefs or other documents upon which your objection is based;
    • A written statement as to whether you intend to appear at the Final Approval Hearing; and
    • If you intend to appear at the Final Approval Hearing through counsel at your own expense, you must also identify the attorney(s) representing you who will appear at the Final Approval Hearing.

    The deadline to submit your objection is July 30, 2019 at the addresses below:

    Clerk of the Court Class Counsel Defendant’s Counsel
    Clerk of the Court
    U.S. District Court for the
    Central District of California
    350 West First Street
    Los Angeles, CA 90012
    Todd M. Friedman, Esq.
    Adrian R. Bacon, Esq.
    Law Offices of Todd M. Friedman, P.C.
    21550 Oxnard Street
    Suite 780
    Woodland Hills, CA 91367
    John B Sullivan Esq.
    Erik Kemp Esq.
    Severson and Werson
    A Professional Corporation
    One Embarcadero Center
    Suite 2600
    San Francisco, CA 94111
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  15. When is the Final Approval Hearing?

    The Court will hold a Final Approval Hearing on August 19, 2019, at 10:00 a.m. in Courtroom 8D of the United States District Court for the Central District of California, the Honorable Christina A. Snyder presiding, located at 350 West First Street, 5th Floor, Los Angeles, California 90012. The date of the Final Approval Hearing may change, so please continue to check this website to confirm the date and time of the Final Approval Hearing. At the Final Approval Hearing, the Court will consider if:

    • The Settlement is fair, reasonable, and adequate;
    • The Settlement should be approved;
    • Any objections to the Settlement and, if so, whether those are valid;
    • The amount of any Service Award for the Plaintiffs; and
    • The amount of any attorney’s fees and costs award for Class Counsel.
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  16. Do I have to attend the Final Approval Hearing?

    No. Your attendance at the Final Approval Hearing is not required even if you submit a written objection. However, you or your attorney may attend the hearing at your own expense.

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  17. What is required if I object and want to attend the Final Approval Hearing?

    In addition to the requirements for submitting objections, as listed above in question FAQ 14, if you and/or your attorney intend to appear at the Final Approval Hearing, you must provide to the Settlement Administrator (who shall forward it to Class Counsel and Defense Counsel) and file with the Clerk of the Court a notice of intention to appear at the Final Approval Hearing no later than thirty (30) days before the Final Approval Hearing or as the Court may otherwise direct.

    The address for the Clerk of the Court is:

    Clerk of the Court
    U.S. District Court for the Central District of California
    350 West First Street
    Los Angeles, CA 90012
    www.cacd.uscourts.gov/e-filing

    You may file the notice of intention to appear in person or electronically in the case of Alfred and Jessy Zaklit, et al. v. Nationstar Mortgage LLC., Case No. 5:15-cv-02190-CAS-KK in the United States District Court for the Central District of California.

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  18. May I speak at the Final Approval Hearing?

    Yes, you may speak at the Final Approval Hearing to object to the proposed settlement, but only if you have submitted a written objection and filed a notice of intention to appear as described in FAQ 17 (unless the Court provides otherwise). You may also enter an appearance through an attorney hired at your own expense.

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  19. Does the Settlement Class have a lawyer?

    Yes. The Court appointed the Law Offices of Todd M. Friedman, P.C. to represent you and the other Settlement Class Members. They are called “Class Counsel.” More information about this law firm, their practices, and their lawyers is available at www.toddflaw.com.

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  20. Do I need to hire my own lawyer?

    You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, you may hire an attorney at your own expense to represent you and speak on your behalf.

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  21. How will Class Counsel be paid?

    Nationstar has agreed to pay Class Counsel attorneys’ fees and costs in an amount to be determined by the Court. The fee petition will seek no more than $2,145,000, which amounts to thirty-three percent (33%) of the Settlement Fund, plus reimbursement of their costs and expenses in an amount not to exceed $100,000. The Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.

    Class Counsel will file their motion for attorneys' fees no later than June 3, 2019, and a copy of the motion will be available here.

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  22. Will the Class Representatives request any payments in addition to the Settlement Benefits?

    Yes. Subject to approval by the Court, Nationstar has agreed to pay the Class Representatives a reasonable amount to be determined by the Court. The Class Representatives in this Class Action are Named Plaintiffs Alfred and Jessy Zaklit. Class Counsel will request that the Court grant an incentive award of up to $10,000 per person for the Class Representatives. Any amounts awarded will be paid from the Settlement Fund.

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  23. Where can I get more information?

    The Notice and this website is only a summary of relevant court documents. To see complete copies of case-related documents, please review the documents posted here. If you have further questions, you may:

    phoneIcon Call the toll free number:

    1- 877-845-8059 (Toll-Free)


    writeIcon Write to the Settlement Administrator:

    Zaklit v. Nationstar
    Settlement Administrator
    P.O. Box 4349
    Portland OR 97208-4349


    If you wish to contact Class Counsel regarding the settlement, you may contact them directly as follows:

    Todd M. Friedman, Esq.
    Adrian R. Bacon, Esq.
    Law Offices of Todd M. Friedman, P.C.
    21550 Oxnard Street
    Suite 780
    Woodland Hills, CA 91367
    Tel: 1-877-619-8966

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  24. May I contact the Court or Defendant directly?

    Please do not contact the Court, Defendant or Defense Counsel regarding this settlement. They cannot provide you any advice.

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