On December 16, 2021, the Court held the final fairness hearing in this matter. After the Court considers the arguments and materials submitted in support of the settlement, it will issue a formal written order. This process may take some time. Payments will be distributed approximately 30-60 days after receipt of an order approving the settlement in full. We appreciate your patience. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA A class action settlement may affect your rights if you paid Caliber Home Loans, Inc. a fee to make a residential loan payment by telephone, including through the use of the telephonic automated “IVR” (interactive voice response) system, or the internet between January 1, 2013 and January 21, 2020. THIS NOTICE COULD AFFECT YOUR RIGHTS – PLEASE READ IT CAREFULLY A court authorized this website. This is not a solicitation from a lawyer. The United States District Court for the District of Minnesota (the “Court”) authorized this Website. This website is a summary of a Proposed Settlement of three class action lawsuits titled Phillips, et al. v. Caliber Home Loans, Inc., Case No. 0:19-cv-02711 (D. Minn.), Barnett, et al. v. Caliber Home Loans, Inc., Case No. 2:19-cv-309 (S.D. Tex.), and Davis, et al. v. Caliber Home Loans, Inc.., Case No. 1:20-cv-00338 (M.D. N.C.). The three cases have been consolidated for Settlement before the U.S. District Court for the District of Minnesota. Stephen Phillips, Mary Tourville-Phillips, Sandi Barnett, Gregory Benjamin, Tyrus Davis, and Christopher Bingham (“Plaintiffs”) sued Caliber Home Loans, Inc., alleging that Caliber charged borrowers fees to make mortgage payments online or over the phone, including through the use of the telephonic automated “IVR” (interactive voice response) system (“Pay-to-Pay fees”). The Action asserts that Caliber’s practice of charging such fees, among other things, violated the federal Fair Debt Collection Practices Act, 16 U.S.C. § 1692f(1), various state debt collection laws, and breached the terms of the borrowers’ loan agreements. Caliber denies the allegations asserted in the Actions. The Court has not decided who is right. The United States District Court for the District of Minnesota (the “Court”) authorized this Notice. This Notice is a summary of a Proposed Settlement of three class action lawsuits titled Phillips, et al. v. Caliber Home Loans, Inc., Case No. 0:19-cv-02711 (D. Minn.), Barnett, et al. v. Caliber Home Loans, Inc., Case No. 2:19-cv-309 (S.D. Tex.), and Davis, et al. v. Caliber Home Loans, Inc.., Case No. 1:20-cv-00338 (M.D. N.C.). The three cases have been consolidated for Settlement before the U.S. District Court for the District of Minnesota. Stephen Phillips, Mary Tourville-Phillips, Sandi Barnett, Gregory Benjamin, Tyrus Davis, and Christopher Bingham (“Plaintiffs”) sued Caliber Home Loans, Inc., alleging that Caliber charged borrowers fees to make mortgage payments online or over the phone, including through the use of the telephonic automated “IVR” (interactive voice response) system (“Pay-to-Pay fees”). The Action asserts that Caliber’s practice of charging such fees, among other things, violated the federal Fair Debt Collection Practices Act, 16 U.S.C. § 1692f(1), various state debt collection laws, and breached the terms of the borrowers’ loan agreements. Caliber denies the allegations asserted in the Actions. The Court has not decided who is right. This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case. Phillips v. Caliber Homes Loans c/o Settlement Administration, LLC The Court will hold a “Final Approval Hearing” onDecember 16, 2021, at 9:00 a.m. CST to hear any objections and to consider whether to give final approval to the Settlement. Further information about how to attend that hearing, including whether the hearing will be held in person at the courthouse or online via Zoom videoconferencing, will be available on this website. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will hear objections at the hearing only from those who timely object to the Settlement, as described below. You may participate in the Final Approval Hearing with or without an attorney, but if you choose to be represented by an attorney, you must do so at your own expense. YOU DO NOT HAVE TO APPEAR AT THE HEARING TO RECEIVE THE BENEFITS OF THE SETTLEMENT. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter saying that you intend to appear and wish to be heard. Your Notice of Intention to Appear must include the following:
You must submit your Notice of Intention to Appear no later than November 1, 2021, to: James Kauffman Randy Pulliam Hassan Zavareei David T. Biderman Phillips v Caliber Home Loans, Inc. More Information Is Available This Notice is only a summary of the Settlement and the Agreement. More details can be found in the Settlement Agreement. You can obtain a copy of the Settlement Agreement, and additional court documents related to the Settlement, on this website. If you have other questions regarding the Settlement, you may also contact Class Counsel at: James Kauffman, Bailey & Glasser LLP, 1055 Thomas Jefferson Street NW, Suite 540, Washington, DC 20007, (202) 463-2105, [email protected] Randy Pulliam, Carney Bates & Pulliam, PLLC, 519 W 7th Street, Little Rock, AR 72201, (501) 312-8500, [email protected] Hassan Zavareei and Kristen Simplicio, Tycko & Zavareei LLP, 1828 L Street, NW – Suite 1000, Washington, DC 20036, (202) 973-0900, [email protected]; [email protected] You may also contact the Settlement Administrator at: Phillips v Caliber Home Loans, Inc. You may also review the Court’s file during regular court hours at: Clerk of the Court for the United States
District Court for District of Minnesota PLEASE DO NOT TELEPHONE THE COURT, THE JUDGE, OR THE CLERK OF THE COURT. |
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