Snyder, et al., v. Ocwen Loan Servicing, LLC, No. 1:14-cv-08461 (N.D. Ill.)
A court authorized the Notice because you have a right to know about a proposed settlement of this class action lawsuit, and about all of your options, before the Court decides whether to approve the Settlement. If the Court approves the Settlement and after any objections or appeals are resolved, the administrator appointed by the Court will make the payments that the Settlement allows. Because your rights will be affected by this Settlement, it is important that you read this website carefully.
If you received a Notice in the mail, it is because Ocwen’s records indicate you may have received one or more Automatic Calls from Ocwen between October 27, 2010 and October 6, 2017.
More specifically, the Settlement Class comprises individuals that Ocwen called on 1,685,757 cell phone numbers using its Aspect telephone equipment during the Settlement Class Period.
The Court in charge of the case is the United District Court for the Northern District of Illinois, and the case is known as Snyder et al., v. Ocwen Loan Servicing, LLC, No. 1:14-cv-08461 (N.D. Ill.). The proposed Settlement would resolve all Claims in this case, as well as the claims at issue in a related case Snyder et al. v. U.S. Bank N.A., et al., No. 1:16-cv-11675 (N.D. Ill.), which also seeks to hold certain trustees liable for Ocwen’s calls. The people who sued are called the “Plaintiffs” or “Class Representatives,” and the company sued, Ocwen Loan Servicing, LLC, is referred to herein as “Ocwen” or the “Defendant.”
On June 28, 2017, the Court issued an opinion in the Snyder case indicating that the requirements for certifying an injunctive class were present. That ruling also indicated that Ocwen’s Aspect telephone system, used to call Class Members, was an automatic telephone dialing system for purposes of this case. The Parties settled after that ruling before the Court issued a more formal class certification opinion and before the Court entered a formal injunction.
If you did not receive a copy of the Notice, you may review a copy here.Back To Top
A class action is a lawsuit in which the claims and rights of many people are decided in a single court proceeding. Representative plaintiffs, also known as “Class Representatives,” assert claims on behalf of the entire class.
The Class Representatives filed and/or pursued this action alleging that Ocwen violated the TCPA by using an automatic telephone dialing system to call cell phones without the prior express consent of the recipients.
Ocwen denies that it did anything wrong, or that this case is appropriate for treatment as a class action.Back To Top
The Court did not decide in favor of the Class Representatives or the Defendant. Both sides agreed to a settlement instead of going to trial. That way, they avoid the cost of a trial, and the people affected will get compensation. The Class Representatives and their attorneys think the Settlement is best for all Class Members.Back To Top
The Court has certified a class action for settlement purposes only. You are in the Settlement Class if you are a person whom Ocwen called using its Aspect dialing system on one or more of 1,685,757 specific cell phone numbers between October 27, 2010 and October 6, 2017.
Excluded from the Class are individuals who were not users or subscribers of the 1,685,757 specific cellular telephone numbers during the Settlement Class Period, are officers or directors of Ocwen or of any Ocwen Affiliate, any justice, judge, or magistrate judge of the United States or any State, their spouses, and persons within the third degree of relationship to either of them, or the spouses of such persons, and all persons who validly exclude themselves or opt out of the Settlement Class.Back To Top
Ocwen has agreed to pay a total settlement amount of $17,500,000, which will be used to create a Settlement Fund to pay cash awards to Settlement Class Members who submit a valid and timely Claims, pay Class Counsel’s Attorneys’ Fees and Costs, pay a service award to the Class Representatives, and pay Notice and Administrative Costs.
Ocwen has also agreed to an injunction requiring it to alter its practices having to do with keeping track of whether it has consent to make autodialed phone calls to cell phones. More details about the injunction are available in the Settlement Agreement at Paragraph 4.2.
Ocwen has also agreed to enhanced damages for certain TCPA lawsuits filed after October 6, 2017, if nonconsensual Automatic Calls from Ocwen result from certain gaps in Ocwen’s recordkeeping and calling practices.
In any individual case commenced between the date of the Preliminary Approval Order and a date that is two years from the date of Final Approval, if it is found liable for a TCPA violation, Ocwen agrees to pay not less than the amounts set forth below for each automated call through its Aspect system to a cell phone, where the consent field in Ocwen’s REALServicing system should have been “N” or “P” as of the date of the Preliminary Approval Order. For the first 10 such calls Ocwen agrees to pay $1,000 for each such call; for the next 11-50 calls agrees to pay $1,250 for each such call, and any call more than 50 Ocwen agrees to pay $1,500 for each call.
Any remaining monies from uncashed Settlement Relief may be redistributed in further distributions to Settlement Class Members who submitted valid and timely claims and cashed Settlement checks. However, if a further distribution would be administratively infeasible (e.g., less than $1 per qualifying Claimant), the remaining monies will instead be donated to a cy pres recipient. The Plaintiffs have proposed that such money be split between the National Consumer Law Center and the Public Justice Foundation.Back To Top
Each Settlement Class Member who submits a valid and timely Claim Form will receive Settlement Relief. Settlement Relief is a cash payment. The final cash payment amount will depend on the total number of valid and timely Claims filed by all Settlement Class Members. Settlement Class Members who received calls on more than one cell phone may submit one Claim per cell phone number, up to three. Class Counsel estimate that the amount of the individual cash awards (while dependent upon the number of Claims) will be $60 based on a 10 percent Claim rate. Eligible Settlement Class Members may make one claim per associated unique cellular telephone number called.
Claims may be submitted electronically here, or by mail, no later than March 5, 2018, to the following address:
Ocwen TCPA Settlement Administrator
P.O. Box 3775
Portland, OR 97208-3775
The Court will hold a hearing on April 5, 2018 to decide whether to approve the Settlement. If the Settlement is approved, appeals may still follow. Whether the appeals, if any, can be resolved is uncertain, and resolving them can take time, perhaps more than a year. Please be patient.Back To Top
If you are a Settlement Class Member, unless you exclude yourself, you will be bound by the release of claims in the Settlement. This means that, if the Settlement is approved, you can’t sue, continue to sue, or be part of any other lawsuit against Ocwen or anyone else having to do with TCPA violations arising out of Automatic Calls made by Ocwen between October 27, 2010 and October 6, 2017, and all of the decisions and judgments by the Court will bind you.
For non-emergency calls or text messages to a cell phone number made using an automatic telephone dialing system without the prior express consent of the called party, the TCPA provides for damages of $500 per violation, or up to $1,500 for willful violations, plus an injunction limiting future conduct. However, Ocwen has denied that it made any illegal calls or sent any illegal texts to anyone, and in any future lawsuit it will have a full range of potential defenses, including that it had prior express consent to make the calls. In addition, the TCPA does not provide for attorneys’ fees to prevailing individual Plaintiffs. This Settlement permits Class Members the opportunity to obtain a smaller amount of money, risk-free.
If you file a Claim Form for benefits or do nothing at all, you will be unable to file your own lawsuit regarding the claims described on this website, and you will release Ocwen from any liability for the Released Claims defined below and in the Settlement.
Remaining in the Settlement Class means that you, as well as anyone claiming through you such as heirs, administrators, successors, and assigns, relinquish and discharge each and all of the Released Parties from each of the Released Claims (as defined below).
The Settlement Agreement provides more detail regarding the release and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Class listed in FAQ 9 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Parties or the Released Claims or what they mean.
The release does not apply to Settlement Class Members who timely opt-out of the Settlement.Back To Top
To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from Snyder, et al., v. Ocwen Loan Servicing, LLC, No. 1:14-cv-08461 (N.D. Ill.). Be sure to include your full name, address, and the cell phone number(s) at which you were called by Ocwen. You must also include a statement that you wish to be excluded from the Settlement and sign the statement. You must mail your exclusion request postmarked no later than March 5, 2018 to the following address:
Ocwen TCPA Settlement Administrator
P.O. Box 3775
Portland, OR 97208-3775
If you ask to be excluded, you will not get any Settlement Relief, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Ocwen in the future. Although no other person may exclude you from the Settlement Class, nothing prohibits you from obtaining the assistance of another, such as a lawyer or family member, in preparing or submitting any individual exclusion.Back To Top
The Court appointed the following law firms to represent you and other Class Members:
All of these lawyers are called Class Counsel. You will not be charged separately for these lawyers’ services. If you want to be represented by your own lawyer, you may hire one at your own expense.
Additionally, you may enter an appearance through your own attorney if you so desire, but you do not need to do so.Back To Top
Class Counsel will ask the Court to approve payment of up to $5,833,333.33 to compensate them for attorneys’ fees for investigating the facts, litigating the case, and negotiating the Settlement, plus costs. Class Counsel will also request an award of $25,000 to each of the three Class Representatives, as compensation for their time and effort. The Court may award less than these amounts. These payments, along with the costs of administering the Settlement, will be made out of the Settlement Fund.Back To Top
If you are a Settlement Class Member and do not exclude yourself, you can object to the Settlement, or any part of the Settlement, for example if you do not think the Settlement is fair. You can state reasons why you think the Court should not approve it. The Court will consider your views.
To object, you must file a written statement with the Court saying that you object to the proposed Settlement in Snyder, et al., v. Ocwen Loan Servicing, LLC, No. 1:14-cv-08461 (N.D. Ill.). Be sure to include your full name, address, current phone number, cellular telephone number(s) Ocwen called you on, the reasons you object to the Settlement, and whether you intend to appear at the Fairness Hearing on your own behalf or through counsel. All objections shall identify any lawyer that represents you as to your objection and provide that lawyer’s address and telephone number, but you do not have to have a lawyer. Any documents that you wish for the Court to consider must also be attached to the objection, and your objection should also be sent to Class Counsel and counsel for Ocwen. Your objection to the Settlement must be filed no later than March 5, 2018.
|The Court||Class Counsel||Defendant's Counsel|
U.S. District Court, Northern District of Illinois
219 South Dearborn St.
Chicago, IL 60604
|Beth E. Terrell
Adrienne D. McEntee
Terrell Marshall Law Group, PLLC
936 N. 34th St.
Seattle, WA 98103
Alexander H. Burke
Burke Law Offices, LLC
155 N. Michigan Ave.
Chicago, IL 60601
|Brian V. Otero
Hunton & Williams, LLP
200 Park Ave., 52nd Floor
New York, NY 10166
The Court will hold a hearing to decide whether to approve the Settlement. This Fairness Hearing will resume at 9:30 a.m. on January 17, 2019 at the United States District Court for the Northern District of Illinois, 219 S. Dearborn Street, Chicago, IL 60604, in Courtroom 2103.
At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to award attorneys’ fees, expenses, and incentive awards to the Class Representatives as described above, and in what amounts. If there are objections, the Court will consider them. At or after the hearing, the Court will decide whether to approve the Settlement. We do not know how long it will take the Court to issue its decision. You do not have to come to this hearing, but you may attend at your own expense. However, any Settlement Class Member who fails to object to the Settlement in the manner described in FAQ 11 shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Fairness Hearing, and shall be foreclosed from seeking any review of the Settlement or the terms of the Agreement by appeal or other means.
The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates.Back To Top
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must file a Notice of Intent to Appear with the Court saying that you intend to appear at the Fairness Hearing in Snyder et al., v. Ocwen Loan Servicing, LLC, No. 1:14-cv-08461 (N.D. Ill.). Be sure to include your full name, address, and telephone number as well as copies of any papers, exhibits, or other evidence that you intend to present to the Court. Your Notice of Intention to Appear must be filed no later than March 5, 2018. Copies of your Notice of Intent to Appear must also be sent to the attorneys for the Plaintiffs and Settlement Class and to the attorneys for Defendant at the addresses provided in FAQ 11. You cannot speak at the hearing if you exclude yourself from the Settlement or do not file a timely Notice of Intent to Appear.Back To Top
If you do nothing and are a Class Member, you will not receive a payment after the Court approves the Settlement and any appeals are resolved. In order to receive a payment, you must submit a Claim Form. Unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Ocwen or any other person having to do with the legal issues in this case.Back To Top
This website summarizes the proposed Settlement. More details are in the Settlement Agreement. You also can get more information by calling 1- 888-723-1549 or writing to the Ocwen TCPA Settlement Administrator at P.O. Box 3775, Portland, OR 97208-3775.
Do not contact the Court or the Defendant for information regarding this Settlement.Back To Top