NOTICE OF CLASS ACTION SETTLEMENT

Transcription

1 Tammy Raab v. R. Scott Waddell and The Indiana Bureau of Motor Vehicles The Marion County, Indiana, Superior Court, Room No. 12 Cause No. 49D PL NOTICE OF CLASS ACTION SETTLEMENT If you paid a fee to the Indiana Bureau of Motor Vehicles to obtain or renew a motor vehicle Operator s License between March 7, 2007 and June 27, 2013, while less than 75 years of age, you may be entitled to comment on, exclude yourself, or receive payments from a settlement. This is not a solicitation from a lawyer. This is not a lawsuit against you and you are not being sued. In the case of Tammy Raab v. R. Scott Waddell and The Indiana Bureau of Motor Vehicles (the Lawsuit ), filed in the Marion County, Indiana, Superior Court (the Court ), the Plaintiff has alleged that since March 7, 2007, the Indiana Bureau of Motor Vehicles (the BMV ) has charged persons under the age of 75 more than is allowed by law for motor vehicle Operator s Licenses. A settlement has been reached in the Lawsuit (the Settlement ), and on August 20, 2013 the Court preliminarily approved the Settlement and certified the following Settlement Class: All persons who paid a fee to the Indiana Bureau of Motor Vehicles from March 7, 2007 through June 27, 2013 to obtain or renew a motor vehicle Operator s License while less than 75 years of age, excluding the Judge assigned to the Action and the Judge s spouse, Elizabeth Murphy, R. Scott Waddell and all attorneys for Defendants who have appeared in the Action. The purpose of this Notice is to advise members of the Settlement Class of the proposed Settlement, and how to assert any rights you may have under the Settlement. It is also intended to advise you of a hearing to consider the proposed Settlement on November 12, The Court must decide whether to approve the Settlement as fair, just and reasonable. If you are a member of the Settlement Class, your legal rights are affected whether you act or choose not to act. Please read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS: DEADLINE DO NOTHING EXCLUDE YOURSELF OBJECT If you choose to do nothing you will remain eligible to receive any payments from the Settlement that are approved by the Court. This will result in a release of any right you may have to pursue the legal claims brought, or which could have been brought in this case, against the BMV. You may exclude yourself from the Settlement, in which case you will not be eligible to receive any payments from the Settlement that are approved by the Court, or to comment on the Settlement. You may write to the Court if you do not think the Settlement is fair. If you exclude yourself from the Settlement you may not object. N/A 10/11/ /11/2013 GO TO A HEARING If you object, you may also ask to speak in Court about the fairness of the Settlement. 11/12/2013 These rights and options and the deadlines to exercise them are explained in this Notice. WRA_NOT_web_130829_r1

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION... PAGE 3 1. Why did I get an or postcard Notice? 2. What is the Lawsuit about? 3. What is a class action? 4. Why is there a Settlement? WHO IS IN THE SETTLEMENT?... PAGE 3 5. How do I know if I am part of the Settlement? THE SETTLEMENT TERMS... PAGE 3 6. How does the Settlement affect fees for driver s Licenses? 7. What payments does the Settlement provide? 8. When will the Settlement be final? PARTICIPATING IN THE SETTLEMENT... PAGE 4 9. How do I participate in the Settlement? 10. Do I have to give anything up to participate? EXCLUDING YOURSELF FROM THE SETTLEMENT... PAGE How do I get out of the Settlement Class? 12. If I do not exclude myself, can I sue the Defendants later? COMMENTING ON THE SETTLEMENT... PAGE How do I tell the Court that I do not think the Settlement is fair? 14. What s the difference between excluding myself and objecting? 15. Can I have a lawyer represent me? IF YOU DO NOTHING... PAGE What happens if I do nothing at all? THE LAWYERS REPRESENTING YOU... PAGE How will the lawyers and costs be paid? THE COURT S FAIRNESS HEARING... PAGE When and where will the Court decide whether to approve the Settlement? 19. Do I have to come to the hearing? 20. May I show up and speak at the hearing? GETTING MORE INFORMATION... PAGE Are more details available? - 2 -

3 1. Why did I get an or postcard notice? BASIC INFORMATION Notices were sent by and postcard to persons identified in the BMV s records as having paid a fee to the BMV at any time from and including March 7, 2007 through June 27, 2013 to obtain or renew a motor vehicle Operator s License while less than 75 years of age. If you are one of these persons you have the right to know about a proposed settlement of a class action lawsuit that may affect your rights. This Notice explains the Lawsuit, the terms of the Settlement, your legal rights, what benefits may be available, who may be eligible for them, and what you will be giving the Defendants in this Settlement. Judge Heather A. Welch of the Marion County, Indiana, Superior Court is overseeing this class action and the Settlement. The Lawsuit is known as Raab v. Waddell and The Indiana Bureau of Motor Vehicles, Cause No. 49D PL The individual who sued is called the Plaintiff. Those the Plaintiff sued are called the Defendants. 2. What is the Lawsuit about? In the Lawsuit, the Plaintiff alleges that since at least 2007 the fee imposed by the BMV for an Operator s License on all applicants under the age of 75 has exceeded the charges that are authorized by Indiana statutes and administrative rules. You can read the Plaintiff s Class Action Complaint at 3. What is a class action? A class action is a lawsuit in which one or more persons called class representatives sue on behalf of other persons who have similar claims. Together all these persons are a class or individually, class members. One court resolves the issues for all class members, except for those who exclude themselves from the class. For this reason, the judge must find that the Settlement of this class action is fair, just, and adequate for all Class members before the Settlement can receive final Court approval. 4. Why is there a Settlement? The Lawsuit has not gone to trial. Instead, the Plaintiff and Defendants agreed to settle to avoid the costs and risks of trial. The Settlement provides the opportunity for payments or other benefits to be made available to Class members, and for the Defendants to receive a release of any right Class members may have to pursue the same legal claims brought, or which could have been brought, in this case against the Defendants. 5. How do I know if I am part of the Settlement? WHO IS IN THE SETTLEMENT? You are a member of the Settlement Class if you paid a fee to the Indiana Bureau of Motor Vehicles at any time from March 7, 2007 through June 27, 2013 to obtain or renew a motor vehicle Operator s License while less than 75 years of age. THE SETTLEMENT TERMS 6. How does the Settlement affect fees for driver s Licenses? On June 28, 2013, as a result of the Lawsuit, the BMV lowered the fees for all Operator s Licenses issued to persons under the age of 75. The BMV agrees not to increase the Operator s License fees in effect as of June 28, 2013, under any circumstances, unless modified by a subsequently enacted statute or subsequently promulgated administrative rule. The BMV may continue to charge the $2.00 Crossroads 2000 and $0.50 Vehicle Technology fees going forward, provided it initiates the statutory procedure to promulgate administrative rules specifically authorizing such fees within 30 days after the final approval of the Settlement and completes the process within 12 months. If the BMV fails to do so, the parties will return to the position they were in prior to the Settlement with regard to those fees, and no release as to those fees shall be effective

4 7. What payments does the Settlement provide? The Defendants have agreed to pay the amount of $30,000,000 ( Settlement Amount ) under the terms of the Settlement. The entire Settlement Amount will be applied to pay distributions to Class members, the costs of the notifying Class members about the Settlement, a Class Representative fee, attorneys fees, and a cy pres distribution. Each Class member will receive, either in cash or by credit, a Base Refund in the actual amount of his or her base overcharges established by the Lawsuit. Each Class member will also receive, either in cash or by credit, an Additional Refund in the amount of a pro rata share of all funds remaining after the payment of the Base Refunds, attorneys fees and costs of notice, which will be calculated according to the relative amount of his or her individual Base Refunds. Part of the Refunds will be distributed to some Class members through Advance Payments. Advance Payments are overcharge credits that are automatically applied to the BMV transactions of Class members from July 12, 2013 until the Court s final approval of the Settlement. For a period of 3 years after the Court s final approval of the Settlement, any Refunds that have not been paid as Advance Payments will be available to Class members in two ways. First, a Class member may obtain his or her Refunds in the form of a check mailed by the BMV by completing a request form on a web page hosted on the BMV s website. The link to the web page containing the request form is and can be reached from the BMV s home page, A check for the amount of the Refunds will be mailed to the Class member within 45 days from completion of the request form. Second, a Class member who has not already received his or her Refunds in the form of a check mailed by the BMV will automatically receive the Refunds in the form of a credit the next time the Class member participates in a financial transaction with the BMV. For example, if the Class member renews a driver s license, renews a vehicle registration or obtains a vehicle title, a credit in the amount of the Refunds owed to the Class member will be automatically applied to reduce the fee. After 3 years, any Class member who has not received his or her Refunds in the form of a check or a credit will be sent a check by the BMV in the amount of his or her Refunds, which will be mailed to the Class member s last known address not more than 90 days after the end of the 3-year period. Any portion of the Settlement Amount that has not been distributed as of 180 days after the last check is mailed, including any amounts remaining as a result of returned or uncashed checks, will be paid into the Court, which will disburse the funds as a cy pres award or awards. 8. When will the Settlement be final? The Court will hold a hearing on November 12, 2013 to decide whether to give final approval to the Settlement. If the Court approves the Settlement and there are no appeals, the Settlement will become final thirty (30) days after the Court s approval. 9. How do I participate in the Settlement? PARTICIPATING IN THE SETTLEMENT If you believe you are a member of the Settlement Class, you do not need to take any action at this time to participate in the Settlement. If you are a Class member, your options for obtaining the benefits of the Settlement are explained in Sections 6 and 7 above. 10. Do I have to give anything up to participate? If you are a member of the Settlement Class and do not exclude yourself, you will be bound by the terms of the Settlement and any orders of the Court related to the Settlement. If the Settlement is approved you will release any right you may have to pursue the same legal claims brought, or which could have been brought, in this case against the Defendants. 11. How do I get out of the Settlement Class? EXCLUDING YOURSELF FROM THE SETTLEMENT You may request to be excluded from, or to opt-out of, the Settlement Class. If you elect to be excluded from the Class, you will not be bound by any of the terms of the Settlement or any judgment entered pursuant to the Settlement, nor will you be eligible to receive any payments from the Settlement. You will retain and be free to pursue any claims that you may have against the Defendants on your own behalf and at your own cost

5 To ask to be excluded, you must send an Exclusion Request in the form of a letter sent by mail, stating that you want to be excluded from the Settlement Class in Raab v. Waddell and BMV. You must include your name, address and phone number, and sign the letter. You must mail your Exclusion Request postmarked by October 11, 2013 to: BMV License Overcharge Case Notice Administrator P.O. Box 1961 Indianapolis, IN If I do not exclude myself, can I sue the Defendants later? Unless you exclude yourself, you cannot sue the Defendants for the claims resolved by this Settlement. If you do exclude yourself from the Settlement, you cannot participate in or object to the Settlement, and any claims you may have against the Defendants will be subject to applicable statutes of limitation. COMMENTING ON THE SETTLEMENT 13. How do I tell the Court if I do not think the Settlement is fair? If you are a Settlement Class member and have not excluded yourself, you can object to the Settlement or any part of the Settlement. The Court will consider your views. Your objection must be in writing, and must be mailed, no later than October 11, 2013, to each the following: Class Counsel: Irwin B. Levin Cohen & Malad, LLP One Indiana Square, Suite 1400 Indianapolis, IN The Court: The Honorable Heather A. Welch, Judge, Marion County Civil Court No East Washington Street T-1760 Indianapolis, IN Counsel for the Defendants: Betsy M. Isenberg Office of the Attorney General Indiana Government Center South, 5th Floor 302 West Washington Street Indianapolis, IN An objection does not need to be in any particular format, except that the objection must: Contain the full name and current address of the person objecting; Contain the title of the Lawsuit: Raab v. Waddell and The Indiana Bureau of Motor Vehicles; State the reasons for your objection; Be accompanied by any evidence, briefs, motions or other materials you intend to offer in support of your objection; Be signed by you; and Be sent by U.S. mail, first class and postage prepaid, with a postmark on or before October 11, You cannot object to the Settlement by phone or What s the difference between excluding myself and objecting? If you exclude yourself, you are no longer a member of the Settlement Class and you keep your right to file your own lawsuit against the Defendants at your own expense. If you exclude yourself, you may not object to the Settlement and you cannot receive any payments or credits from the Settlement. If you remain a Settlement Class member, you may object. 15. Can I have a lawyer represent me? The law firm of Cohen & Malad, LLP has been appointed by the Court to represent you and other Settlement Class members. These lawyers are called Class Counsel. There are no out-of-pocket costs to Class members for Class Counsel. More information about Class Counsel is available at If you want to be represented by your own lawyer, you may hire one at your own expense. However, any lawyer intending to appear at the Fairness Hearing must be duly admitted to practice law before the Marion County, Indiana, Superior Court, and must file a written appearance no later than October 11, Copies of the appearance must be served on Class Counsel and counsel for the Defendants at the addresses included in this Notice in accordance with the Indiana Rules of Trial Procedure

6 16. What happens if I do nothing at all? IF YOU DO NOTHING If you do nothing, you will remain a Settlement Class member and will remain eligible for any benefits available under the Settlement. If the Court approves the Settlement, you will be bound by its terms as well as any Court orders related to the Settlement, and will release any right you may have to pursue the same legal claims in this case against the Defendants. 17. How will the lawyers and costs be paid? THE LAWYERS REPRESENTING YOU Class Counsel will file a petition with the Court no later than seven days prior to the Fairness Hearing asking for payment of attorneys fees of 21% of the Settlement Amount, to be paid from the Settlement Amount. An award of attorneys fees in this amount will not reduce the amount of the Base Refund, in the actual amount of his or her base overcharges established by the Lawsuit, that are available to Class members, and there are no out-of-pocket costs to Class members. The Defendants have agreed not to oppose a request by Class Counsel for a payment of attorneys fees in this amount. The Court may consider whether to approve the payment of attorneys fees in this amount during the Fairness Hearing. The costs of providing notice to Class members will be paid from the Settlement Amount. All other costs of administration will be paid by Defendants and not out of the Settlement Amount. THE COURT S FAIRNESS HEARING 18. When and where will the Court decide whether to approve the Settlement? The Court will hold a hearing which is called the Fairness Hearing at the City-County Building, Room T-1760, Marion County Civil Court No. 12, 200 East Washington Street, Indianapolis, IN 46204, at 11:00 a.m. on November 12, At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will consider any objections, and listen to people who have made written objections and timely asked to speak at the hearing. After the Fairness Hearing, the Court will decide whether to approve the Settlement. 19. Do I have to come to the hearing? You do not need to attend the Fairness Hearing, but you are welcome to come at your own expense. If you have sent a written objection, you do not need to be present for the Court to consider it. 20. May I show up and speak at the hearing? If you have submitted a timely written objection to the Settlement and requested to be heard, the Court may allow you to speak at the Fairness Hearing. If you wish for your lawyer to speak for you, he or she must have submitted a timely appearance as provided above. Reminder: If you have excluded yourself from the Settlement Class, you may not object to the Settlement and you may not speak at the Fairness Hearing. 21. Are more details available? GETTING MORE INFORMATION Visit the website, where you will find information about this case and the Settlement. You may also request additional information by calling , or writing to: BMV License Overcharge Case Notice Administrator P.O. Box 1961 Indianapolis, IN Favor de visitar la pagina Class Notice del sitio web ó llamar al para información adicional en Español acerca de este caso y del acuerdo