If you object, you may also ask to speak in Court about the fairness of June 19, 2017

Transcription

1 Tammy Raab v. Peter L. Lacy and The Indiana Bureau of Motor Vehicles The Marion County, Indiana Superior Court, Room No. 11 Cause No. 49D PL NOTICE OF CLASS ACTION SETTLEMENT If you paid one or more fees to the Indiana Bureau of Motor Vehicles for certain transactions since January 1, 2002, you may be entitled to comment on or receive payments from a settlement. This is not a lawsuit against you and you are not being sued. In the case of Tammy Raab v. Peter L. Lacy 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 January 1, 2002, the Indiana Bureau of Motor Vehicles (the BMV ) has charged Indiana residents more than is allowed by law for certain transactions. On September 18, 2015, the Court certified a Plaintiff Class in the Lawsuit that includes all persons and entities that paid to the Indiana Bureau of Motor Vehicles one or more of the fees that the Plaintiff alleges were overcharges. Notice was previously issued to members of the certified Class and the deadline for Class members to request exclusion has now passed. The purpose of this Notice is to advise members of the Plaintiff Class of a 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 June 19, 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 If you choose to do nothing you will remain eligible to receive any N/A payments from the Settlement that are approved by the Court. This will DO NOTHING 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. OBJECT You may write to the Court if you do not think the Settlement is fair. June 5, 2017 GO TO A HEARING If you object, you may also ask to speak in Court about the fairness of June 19, 2017 the Settlement. FILE A CLAIM If the Settlement is approved by the Court, you will be able to file a Claim Form online at between July 1, 2017, and June 30, 2019, to claim refunds for overcharges collected by the BMV between January 1, 2002 and mid July 1, 2019 WHAT THIS NOTICE CONTAINS... PAGE 4 1. What is the purpose of this Notice? 2. What is this Lawsuit about? 3. What is a class action? 4. Why is there a Settlement? 5. How do I know if I am part of the Settlement? THE SETTLEMENT TERMS... PAGE 5 6. What payments does the Settlement provide? 7. How are the 2016 Refunds distributed under the Settlement? 8. How are the Remaining Refunds distributed under the Settlement? 9. When will the Settlement be final? PARTICIPATING IN THE SETTLEMENT... PAGE How do I participate in the Settlement? 11. Do I have to give anything up to participate? COMMENTING ON THE SETTLEMENT... PAGE How do I tell the Court that I do not think the Settlement is fair? 13. Can I have a lawyer represent me? 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? 16. Do I have to come to the hearing? 17. May I show up and speak at the hearing?... PAGE Are more details available?

2 BASIC INFORMATION 1. What is the purpose of this Notice? 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 John F. Hanley of the Marion County, Indiana, Superior Court is overseeing this class action and the Settlement. The Lawsuit is known as Raab v. Lacy 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 this lawsuit about? The Lawsuit says that since 2002 the BMV has overcharged Indiana residents who have paid one or more fees for certain transactions, and that these overcharges should be returned to the people and entities who paid them. You can read the Plaintiff s First Amended 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 previously excluded 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 Court has not decided the claims in the case. Instead, the Plaintiff and Defendants agreed to settle to avoid the uncertainty of a decision following trial and the risks, delay, and cost of an appeal. 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 in this case against the Defendants. 5. How do I know if I am part of the Settlement? If you are a member of the Plaintiff Class certified by the Court on September 18, 2015 then you are included in the Settlement. The Class includes all persons or entities that paid certain fees between from 2002 through The Class definition, including the list of fees and corresponding date ranges, can be found in the Notice of Class Certification, which is available at If you excluded yourself from the Plaintiff Class earlier in this case, you are still excluded from the Class and from this Settlement. 6. What payments does the Settlement provide? THE SETTLEMENT TERMS The BMV has agreed to refund to Class Members the Overcharge Amount for each of the Overcharged Fees listed on the table below, which were collected by the BMV between January 1, 2002 and December 31, Some of the refunds were made available to Class members beginning in The Settlement provides that the rest of the refunds will also be made available to Class members. The refunds that are the subject of the Settlement fall into two categories: The 2016 Refunds and the Remaining Refunds. The 2016 Refunds are refunds of Overcharge Amounts that the BMV began making available in Generally, the 2016 Refunds are for Overcharged Fees the BMV collected between mid-2006 and the end of The Remaining Refunds are refunds of Overcharge Amounts that the BMV has not yet made available. Generally, the Remaining Refunds are for Overcharged Fees the BMV collected between the beginning of 2002 and mid How are the 2016 Refunds distributed under the Settlement? Under the Settlement, the BMV will make the 2016 Refunds available to Class members through July 1, A Class Member may obtain their 2016 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. A link to the web page hosting the request form will be located on the BMV s home page. Upon completion of a request form, a check in the amount of all 2016 Refunds owed shall be mailed to the Class Member within 45 days. Any Class Member who engages in a transaction with the BMV and who has not already received their 2016 Refunds in the form of a check mailed by the BMV will receive a credit, applied automatically to the transaction, in the amount of all 2016 Refunds owed to them. After July 1, 2019, any 2016 Refund that has not been claimed by a Class Member in the form of a refund check or applied to a BMV transaction as a credit will be transferred to the Indiana Unclaimed Property Fund under the Class Member s name, and will be administered pursuant to the Indiana Unclaimed Property Act, Ind. Code et seq. 8. How are the Remaining Refunds distributed under the Settlement? Under the Settlement, the BMV will also make the Remaining Refunds available to Class members through July 1, 2019, but Class Members must complete a Claim Form on the BMV s website. 2

3 The Claim Form on the BMV s website will include a list of all of the Overcharged Fees for which the Remaining Refunds are being offered, a means to mark which of the Overcharged Fees were paid by the Class Member, and a means to state the number of times an Overcharged Fee was paid by the Class Member. The Claim Form will require the Class Member to state either: (1) that they do not reside in Indiana and/or will not be engaging in a BMV Transaction in the following two years, or (2) that they do reside in Indiana or will be engaging in a BMV Transaction in the following two years. A Class Member who states that they do not reside in Indiana and/or will not be engaging in a BMV Transaction in the following two years will be eligible to request their Remaining Refunds in the form of a mailed check, to be mailed to the Class Member within 45 days after submission of a qualifying Claim Form. A Class Member who states that they do reside in Indiana or will be engaging in a BMV Transaction in the following two years will be required to receive their Remaining Refunds in the form of a credit, to be applied automatically to any BMV Transaction under taken by the Class Member 45 or more days after submission of a qualifying Claim Form. Class Members will be required to electronically sign the Claim Form and affirm under the penalties for perjury that the completed Claim Form is true and correct. The BMV will have the right to seek to compare any Class Member s claim for Remaining Refunds against the documents, data and records in its possession, but will pay all claims that are not inconsistent with the documents, data and records in its possession and are properly completed, signed and affirmed. 9. When will the Settlement be final? The Court will hold a hearing on June 19, 2017, at 10:00 a.m. 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. 10. How do I participate in the Settlement? PARTICIPATING IN THE SETTLEMENT If you are entitled to receive any of the 2016 Refunds, you may simply engage in a transaction with the BMV at any time before July 1, 2019 and receive the refunds as a credit. You may also request a check for the 2016 Refunds by completing a request form on the BMV s website. After July 1, 2019, the 2016 Refunds will be available from the Indiana Unclaimed Property Fund. If you are entitled to any of the Remaining Refunds, you must complete a Claim Form on the BMV s website before July, The requirements of the Claim Form are described in paragraph 8 above. 11. Do I have to give anything up to participate? If the Settlement is approved and you are a member of the Plaintiff Class, 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. COMMENTING ON THE SETTLEMENT 12. How do I tell the Court if I do not think the Settlement is fair? If you are a Plaintiff Class member, 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 June 5, 2017, to each the following: Class Counsel: Irwin B. Levin Cohen & Malad, LLP One Indiana Square, Suite 1400 Indianapolis, IN The Court: The Honorable John F. Hanley, Judge Marion County Civil Court No East Washington Street, T-1421 Indianapolis, IN Counsel for the Defendants: An objection does not need to be in any particular format, except that the objection must: Carl A. Hayes BINGHAM GREENEBAUM DOLL LLP 2700 Market Tower, 10 W. Market St. Indianapolis, IN Contain the full name and current address of the person objecting; Contain the title of the Lawsuit: Raab v. Lacy 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 June 5,

4 You cannot object to the Settlement by phone or 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 Plaintiff 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 June 5, 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. 14. 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 in the amount of $6,950,000. An award of attorneys fees in this amount will not reduce the amount of the refunds 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 COURT S FAIRNESS HEARING 15. 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-1421, Marion County Civil Court No. 11, 200 East Washington Street, Indianapolis, IN 46204, at 10:00 a.m. on June 19, 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. 16. 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. 17. 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 previously excluded yourself from the Plaintiff Class, you may not object to the Settlement and you may not speak at the Fairness Hearing 18. Are more details available? Visit the website, where you will find information about this case and the Settlement. Si desea recibir esta notificación en español, visite nuestra página web. DO NOT CALL THE COURT WITH QUESTIONS. ALL QUESTIONS SHOULD BE DIRECTED AS SET FORTH ABOVE. 4

5 OVERCHARGED FEES Overcharged Fee Overcharge Period Overcharge Amount REGISTRATIONS New Passenger Vehicle Registrations January 1, 2002 through June 30, 2008 New Passenger Vehicle Registrations July 1, 2008 through November 5, 2008 $0.70 New Passenger Vehicle Registrations July 1, 2012 through September 29, 2013 $0.70 Renewed Passenger Vehicle Registration January 1, 2002 through June 30, 2008 Renewed Passenger Vehicle Registration July 1, 2008 through November 5, 2008 $0.70 New Motorcycle Registrations January 1, 2002 through June 30, 2007 New Motorcycle Registrations August 15, 2007 through November 5, 2008 New Motorcycle Registrations July 1, 2012 through September 29, 2013 $0.70 Renewed Motorcycle Registrations January 1, 2002 through June 30, 2007 Renewed Motorcycle Registrations August 15, 2007 through November 5, 2008 New Truck Registrations (Under 11,000 lbs.) New Truck Registrations (Under 11,000 lbs.) July 1, 2012 through September 29, 2013 $0.70 Renewed Truck Registrations (Under 11,000 lbs.) New Truck Registrations (11,000 lbs. and Over) New Truck Registrations (11,000 lbs. and July 1, 2012 through September 29, 2013 Over) Renewed Truck Registrations (11,000 lbs. and Over) New Farm Truck Registrations (Over 11,000 lbs.) New Farm Truck Registrations (Over 11,000 July 1, 2012 through September 29, 2013 lbs.) Renewed Farm Truck Registrations (Over 11,000 lbs.) New Tractor Registrations New Tractor Registrations July 1, 2012 through September 29, 2013 Renewed Tractor Registrations New Farm Tractor Registrations New Farm Tractor Registrations July 1, 2012 through September 29, 2013 Renewed Farm Tractor Registrations New Trailer Registrations New Trailer Registrations July 1, 2012 through September 29, 2013 Renewed Trailer Registrations New Farm Trailer Registrations New Farm Trailer Registrations July 1, 2012 through September 29, 2013 Renewed Farm Trailer Registrations New Semi Trailer Registrations (1 Year) New Semi Trailer Registrations (1 Year) July 1, 2012 through September 29, 2013 Renewed Semi Trailer Registrations (1 Year) New Farm Semi Trailer Registrations (1 Year) New Farm Semi Trailer Registrations (1 Year) July 1, 2012 through September 29, 2013 Renewed Farm Semi Trailer Registrations (1 Year) New Semi Trailer Registrations (5 Year) 5

6 OVERCHARGED FEES Overcharged Fee Overcharge Period Overcharge Amount New Semi Trailer Registrations (5 Year) July 1, 2012 through September 29, 2013 Renewed Semi Trailer Registrations (5 Yr) New Farm Semi Trailer Registrations (5 Year) New Farm Semi Trailer Registrations (5 Year) July 1, 2012 through September 29, 2013 Renewed Farm Semi Trailer Registrations (5 Year) Renwed Semi Trailer Registrations July 1, 2007 through December 31, 2007 (Permanent) Renewed Farm Semi Trailer Registrations July 1, 2007 through December 31, 2007 (Permanent) New Intercity Bus Registrations New Intercity Bus Registrations July 1, 2012 through September 29, 2013 Renewed Intercity Bus Registrations New Intracity Bus Registrations New Intracity Bus Registrations July 1, 2012 through September 29, 2013 Renewed Intracity Bus Registrations New Buses Not for Hire Registrations New Buses Not for Hire Registrations July 1, 2012 through September 29, 2013 Renewed Buses Not for Hire Registrations New Church Bus Registrations New Church Bus Registrations July 1, 2012 through September 29, 2013 Renewed Church Bus Registrations New School Bus Registrations New School Bus Registrations July 1, 2012 through September 29, 2013 Renewed School Bus Registrations New Recovery Vehicle Registrations New Recovery Vehicle Registrations July 1, 2012 through September 29, 2013 Renewed Recovery Vehicle Registrations New Recreational Vehicle Registrations New Recreational Vehicle Registrations July 1, 2012 through September 29, 2013 Renewed Recreational Vehicle Registrations Special Machinery Registrations $1.75 Special Machinery Registrations November 6, 2008 through June 30, 2012 $0.75 Special Machinery Registrations (New Only) July 1, 2012 through September 29, 2013 $1.75 Special Machinery Registrations (Renew Only) July 1, 2012 through September 29, 2013 $0.75 New Antique Passenger Vehicle Registrations $4.00 New Antique Passenger Vehicle Registrations November 6, 2008 through June 30, 2012 $3.00 New Antique Passenger Vehicle Registrations July 1, 2012 through September 29, 2013 $4.00 New Antique Passenger Vehicle Registrations September 30, 2013 through December 31, 2014 $3.00 Renewed Antique Passenger Vehicle Registration $4.00 Renewed Antique Passenger Vehicle November 6, 2008 through December 31, 2014 Registration $3.00 New Antique Motorcycle Registrations $4.00 New Antique Motorcycle Registrations November 6, 2008 through June 30, 2012 $3.00 6

7 OVERCHARGED FEES Overcharged Fee Overcharge Period Overcharge Amount New Antique Motorcycle Registrations July 1, 2012 through September 29, 2013 $4.00 New Antique Motorcycle Registrations September 30, 2013 through December 31, 2014 $3.00 Renewed Antique Motorcycle Registrations $4.00 Renewed Antique Motorcycle Registrations November 6, 2008 through December 31, 2014 $3.00 New Antique Truck Registrations $4.00 New Antique Truck Registrations November 6, 2008 through December 31, 2008 $3.00 New Antique Truck Registrations January 1, 2009 through June 30, 2012 $4.00 New Antique Truck Registrations July 1, 2012 through September 29, 2013 $5.00 New Antique Truck Registrations September 30, 2013 through December 31, 2014 $4.00 Renewed Antique Truck Registrations $4.00 Renewed Antique Truck Registrations November 6, 2008 through December 31, 2008 $3.00 Renewed Antique Truck Registrations January 1, 2009 through December 31, 2014 $4.00 CREDENTIALS Operator's License (3 Year) January 1, 2002 through December 31, 2005 $0.50 Operator's License (4 Year) January 1, 2002 through December 31, 2005 $0.50 Operator's License (6 Year) January 1, 2006 through March 6, 2007 $6.50 Public Passenger Chauffeur's License January 1, 2002 through December 31, 2007 $0.50 Motorcycle Operator's License (3 Year) January 1, 2002 through December 31, 2005 Motorcycle Operator's License (4 Year) January 1, 2002 through December 31, 2005 Motorcycle Operator's License (6 Year) January 1, 2006 through December 31, 2008 $7.00 Chauffeur's License (6 Year) January 1, 2002 through June 30, 2005 $0.50 Chauffeur's License (6 Year) January 1, 2006 through November 5, 2008 $5.50 Chauffeur's License (6 Year) November 6, 2008 through September 29, 2013 $4.50 Motorcycle Endorsement on Operator's License January 1, 2002 through December 31, 2005 (4 Year) $0.50 Motorcycle Endorsement on Operator's License March 26, 2012 through September 29, 2013 (5 Year) $0.50 Motorcycle Endorsement on Operator's License January 1, 2006 through November 5, 2008 (6 Year) $4.00 Motorcycle Endorsement on Operator's License November 6, 2008 through September 29, 2013 (6 Year) $3.00 Motorcycle Endorsement on Chauffeur's January 1, 2002 through December 31, 2005 License $0.50 Motorcycle Endorsement on Chauffeur's January 1, 2006 through November 5, 2008 License $4.00 Motorcycle Endorsement on Chauffeur's November 6, 2008 through September 29, 2013 License $3.00 Motorcycle Endorsement on Public Passenger January 1, 2002 through December 31, 2005 Chauffeur's License $0.50 Motorcycle Endorsement on Public Passenger January 1, 2006 through November 5, 2008 Chauffeur's License $2.50 Motorcycle Endorsement on Public Passenger November 6, 2008 through September 29, 2013 Chauffeur's License $1.50 Commercial Driver's License $5.00 Upgrade Commercial Driver's License July 1, 2012 through September 29, 2013 Amend / Replace Commercial Driver's License $15.50 Amend / Replace Commercial Driver's License November 6, 2008 through June 27, 2013 $

8 OVERCHARGED FEES Overcharged Fee Overcharge Period Overcharge Amount Amend / Replace Commercial Driver's License June 28, 2013 through September 29, 2013 $4.50 Learner's Permit $0.50 Motorcycle Learner's Permit $0.50 I.D. January 1, 2002 through December 31, 2005 $0.50 I.D. January 1, 2006 through November 5, 2008 $2.50 I.D. November 6, 2008 through September 29, 2013 $1.50 Duplicate / Amended I.D. January 1, 2002 through December 31, 2005 $0.50 Duplicate / Amended I.D. January 1, 2006 through November 5, 2008 $2.50 Duplicate / Amended I.D. November 6, 2008 through September 29, 2013 $1.50 Special I.D January 1, 2002 through December 31, 2005 $0.50 Special I.D January 1, 2006 through November 5, 2008 $2.00 Special I.D November 6, 2008 through September 29, 2013 Duplicate / Amended Special I.D. January 1, 2002 through December 31, 2005 $0.50 Duplicate / Amended Special I.D. January 1, 2006 through November 5, 2008 $2.00 Duplicate / Amended Special I.D. November 6, 2008 through September 29, 2013 TITLES Duplicate January 1, 2002 through September 29, 2013 MVIN (Special ID) January 1, 2002 through September 29, 2013 Salvage January 1, 2002 through June 27, 2013 $5.00 Delinquent Fee Administrative Fee January 1, 2002 through September 29, 2013 $5.00 PLATE FEES Plate Transfer January 1, 2002 through September 29, 2013 Antique Year of Manufacture January 1, 2008 through September 29, 2013 $11.00 Personalize Plate January 1, 2002 through September 29, 2013 $3.00 Amateur Radio Plate January 1, 2002 through December 31, 2005 WATERCRAFT TITLES Titles $0.50 Repossessions $0.50 Corrections $0.50 Duplicates $0.50 8