The purpose of the Notice is to inform potential class members about the proposed Settlement of a class action lawsuit. The Notice explains:
To view a copy of the Notice, click here.Back To Top
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.Back To Top
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.”Back To Top
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.Back To Top
The Court did not decide in favor of the Named Plaintiffs or Defendant. The Class Representatives and Class Counsel (listed in FAQ 21 and FAQ 18) 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.Back To Top
You are a member of the Settlement Class if:
Final Approval was granted on August 21, 2019. Each Settlement Class Member who submitted a Valid Claim Form was mailed a check for an amount that was calculated pro rata based on the number of Valid Claim Forms that were submitted by the Settlement Class. All awards checks have been disbursed and reissues are no longer being accepted.
A second distribution was economically feasible with the remaining Settlement Funds. Checks will be sent only to those Class Members who negotiated their initial Settlement checks. Per the Settlement Agreement, no check reissues will be conducted. All unclaimed Settlement Funds from the second distribution will be sent to a cy pres recipient selected by the parties and approved by the Court.Back To Top
The deadline for filing a claim was July 2, 2019. Claims will no longer be accepted.Back To Top
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.Back To Top
If you remained in the Settlement Class, you gave 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 law other than the IPA or breached a contract, such a claim would be barred by this release.
However, if the Class Member believes that they suffered some injury unrelated to the calls alleged in the Complaint, those claims would not be barred by the release.Back To Top
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.Back To Top
The deadline to opt out was July 30, 2019. Opt outs will no longer be accepted.Back To Top
The deadline to object was July 30, 2019. Objections will no longer be accepted.Back To Top
The Court held the 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.Back To Top
No. Your attendance at the Final Approval Hearing was not required even if you submitted a written objection.Back To Top
The deadline to object was July 30, 2019 and has passed.Back To Top
The Final Approval Hearing was on August 19, 2019 and passed.Back To Top
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.Back To Top
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.Back To Top
Nationstar has agreed to pay Class Counsel attorneys’ fees and costs. The Court approved the payment of attorneys’ fees to Class Counsel in the sum of $1,625,000.00, and the reimbursement of litigation expenses in the sum of $25,046.52 and will be paid out of the Settlement Fund.Back To Top
Yes. Service Awards to the two named Plaintiffs, in the amount of $10,000 per Class Representative were approved and will be paid from the Settlement Fund.Back To Top
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:
Call the toll free number:
1- 877-845-8059 (Toll-Free)
Write to the Settlement Administrator:
Zaklit v. Nationstar
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
Woodland Hills, CA 91367
Please do not contact the Court, Defendant or Defense Counsel regarding this settlement. They cannot provide you any advice.Back To Top