RUBY PERRUCCI v. HUNTER WARFIELD, INC. Settlement

Plaintiff Ruby Perrucci (“Plaintiff”) filed a class action lawsuit in federal court against Hunter Warfield, Inc. (“Defendant” or “HWI”) alleging that Defendant violated the Fair Debt Collection Practices Act (“FDCPA”) by representing to Plaintiff and other class members that they owed early termination fees and payment convenience fees under Avalon Bay Communities leases which Plaintiff asserts could not be charged.

Defendant denies it did anything wrong or violated any laws. Defendant asserts the leases allowed for the collection of the early termination fees and payment convenience fees.

The Court has not decided that Defendant violated the FDCPA. Nor has the Court made any determination that this lawsuit should proceed as a class action, as opposed to an individual claim brought by Plaintiff. This Notice should not be interpreted as an expression of the Court’s opinion on which side is right or wrong. If the parties had not reached a settlement, Defendant would have vigorously defended the lawsuit and asked for a ruling in its favor.

Within the Settlement, you are a member of the “Settlement Class.” The Settlement Class is all consumers: (1) who were or are tenants of properties owned by Avalon Bay Communities; who (2) were contacted by Hunter Warfield for payment of an early termination fee and/or a payment convenience fee (3) during the one-year period prior to the filing of the Complaint.

This lawsuit does not release any claims that you may have against Avalon Bay. If you have questions about your rights and obligations, you can contact Class Counsel at (804) 415-8848 or [email protected].

Cash Payments. A $165,000 Settlement Fund will be used to make cash payments to the Class.

If the Settlement is approved in full, the Settlement Fund will be split into two amounts: a $51,200 Actual Damages Amount and a $113,800 Statutory Damages Amount.

Any Settlement Class Member who paid Hunter Warfield money for early termination fees or payment convenience fees will receive a full refund of those amounts from the Actual Damages Amount.

In addition, every Settlement Class Member will receive equal payments from the Statutory Damages Amount. Depending on the final number of Settlement Class Members who do not opt out, the total estimated payment you will receive is approximately $128.

Cessation of Credit Reporting.  Defendant has also agreed to request deletion of any reporting of the Settlement Class Members’ Avalon Bay Communities collection accounts to any consumer-reporting agencies. Defendant has also agreed not to report any of these collection accounts in the future.

The Court has approved lawyers to represent the Settlement Class (“Class Counsel”).  If you prefer to hire your own attorney to represent you in this case, you may do so at your own expense.  The attorneys who have been appointed by the Court to represent the Settlement Class are:

Kristi C. Kelly

Andrew J. Guzzo

Casey S. Nash

J. Patrick McNichol

Matthew G. Rosendahl

Kelly Guzzo PLC

3925 Chain Bridge, Suite 202

Fairfax, VA 22030

You will not be charged for these lawyers. Subject to Court approval, Class Counsel will seek attorneys’ fees and costs of $50,000 that will be paid by Defendant separately. Class Counsel may also seek a service award in an amount not to exceed $5,000 to be paid to Plaintiff for her services in representing the Settlement Class. The attorneys’ fees, costs, service award, and settlement administration expenses will be paid by Defendant separately from the $165,000 Settlement Fund and will therefore not affect the payment you could receive under the Settlement.

You have three options. You can (1) do nothing, (2) exclude yourself (in other words, “opt out”) from the Settlement, or (3) object to the Settlement.

This chart shows the consequences of selecting each option:

Your options and rights are explained in the below sections, along with the steps you must take if you wish to opt out or object.

If you do nothing, you will remain in the Settlement Class and be bound by the Court’s orders. You will also receive an automatic payment as described above following approval by the Court of the Settlement.

You will not be able to pursue claims against Defendant that are covered by the Settlement’s release. All the Court’s decisions regarding the Settlement will apply to you and you will be bound by any judgment entered.

If you exclude yourself from the Class, you will not receive any money from the Settlement. You will not be bound by any of the Court’s orders regarding the Class, or any judgment or release entered regarding the Class. You will retain any legal rights you may have against Defendant.

You will be responsible for the fees and costs of any services provided by your own lawyer.

If you wish to be excluded (or “opt out” of the class), you must mail a written request for exclusion addressed to the Settlement Administrator at:

Perrucci Settlement

c/o Settlement Administrator

P.O. Box 23698

Jacksonville, FL  32241.

Your request for exclusion must be in writing, signed by you, and postmarked on or before September 3, 2024. The request must state: “I do not want to be part of the Settlement Class in Perrucci v. Hunter Warfield.” The request must also be dated and include your name, address, and telephone number. If you have a new address, please also inform the Administrator of the new address so they can update the appropriate records.  If you exclude yourself, you are not eligible to receive a payment.

If you object according to the steps below, the Court will consider your objection. If it overrules your objection and approves the Settlement, you will be bound by the Court’s decision, and you will remain a part of the Class and receive a payment.

You may object to all or part of the Settlement if you think it is not fair, reasonable and/or adequate. To object, you must file with the Court, and send copies to the parties’ counsel, a written explanation of the reasons you think that the Court should not approve the Settlement. Be sure to sign the letter and include your name, address, and current phone number, and the basis of your objection including any documentation, and include a notation that it is for “Perrucci v. Hunter Warfield, Inc., Civil Action No. 1:23-cv-872 (E.D. Va.).” The deadline to file an objection is September 3, 2024. If you are represented by counsel in your objection, include that attorney’s information.

The Court will hold a final approval hearing on October 11^th, 2024 at 10:00am. before the Honorable William E. Fitzpatrick, in the United States District Court for the Eastern District of Virginia, Albert V. Bryan U.S. Courthouse, 401 Courthouse Square, Alexandria, Virginia 22314. At the final approval hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court will also hear objections to the Settlement, if any. We do not know how long the Court will take to make its decision after the hearing. In addition, the hearing may be continued at any time by the Court without further notice to you. You should check the website www.earlytermfeessettlement.com to confirm the hearing date, the court approval process, and the Effective Date of the Settlement.

You do not have to appear at the final approval hearing to be eligible to receive a monetary payout. If the Court approves the Settlement, the Court’s judgment as to the Settlement Class will be binding on all Settlement Class Members who do not validly exclude themselves.

This notice is only a summary of the proposed settlement. You can review more details about the proposed settlement and access additional documents, including the Complaint and the full Settlement Agreement, on the Important Court Documents section of this website.

You can also call Class Counsel at 804-415-8848 or email [email protected] for questions about the Settlement.