Megan Nelson (“Plaintiff”) v. BMW Financial Services NA, LLC (“BMW FS”), and All Wheels Recovery, Inc. (“All Wheels” and together, with BMW FS, “Defendants”)
United States District Court for the District of Minnesota, Case No. 1:15-cv-02661
Pursuant to the Court approved Stipulation For Extension of Time to Issue Account Credits, BMW Financial Services NA, LLC will issue Account Credits no later than June 30, 2017. The distribution to mail cash awards to eligible Settlement Class Members is August 4, 2017.
If you are a Minnesota consumer whose vehicle was repossessed between June 5, 2011 through April 1, 2016, by or on behalf of BMW Financial Services NA, LLC, and who was not provided a right to cure notice prior to repossession, you may be entitled to benefits under a class action settlement.
A federal court authorized this Notice. This is not a solicitation from a lawyer.
- A proposed settlement will provide $1,400,000, in cash and account credits (the “Settlement Fund”), to fully settle and release claims of all Minnesota consumers whose vehicles were repossessed between June 5, 2011 through April 1, 2016, by or on behalf of BMW Financial Services NA, LLC, and who were not provided a right to cure notice prior to repossession (the “Settlement Class”).
- Plaintiff alleges that Defendants violated Minnesota Statute § 336.9-609, including as interpreted by Cobb v. Midwest Recovery Bureau Co., 295 N.W.2d 232 (1980), the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., and the Minnesota common law of conversion by repossessing her car without providing her with a right to cure notice prior to the repossession. Defendants deny Plaintiff’s allegations and deny any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiff’s claims or Defendants’ defenses. By entering into the settlement, Defendants have not conceded the truth or validity of any of the claims against them.
- The Settlement Fund will be used to pay all amounts related to the settlement, including account credits and cash awards to Settlement Class members, attorneys’ fees and costs to attorneys representing Plaintiff and the Settlement Class (“Class Counsel”), any service award to Plaintiff, a possible charitable contribution if there are uncashed settlement checks and the costs of notice and administration of the settlement.
- Settlement Class member compensation will vary between approximately $25 and $3,697 depending upon the circumstances of the repossession, when the vehicle was repossessed and how many total late payments were made prior to repossession. If at the time settlement awards are to be paid there exists a deficiency balance owed on the account subject to repossession, BMW FS may elect to satisfy the settlement award through credit to the account. To the extent there is no existing deficiency balance or if the deficiency balance is less than the amount of the settlement award, a settlement award may be issued by check. Additionally, BMW FS will request that TransUnion, Experian and Equifax delete the tradeline for Settlement Class members whose vehicles were repossessed involuntarily.
- Your rights and options, and the deadlines to exercise them, are explained in the Notice. Your legal rights are affected whether you act or don’t act. Please read the Notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
|SUBMIT AN ADDRESS VERIFICATION FORM
||If the postcard notice is delivered to a valid mail address or the mailing address listed on the e-mail notice you received is accurate, you do not need to submit an Address Verification Form to receive a settlement award. However, if you did not receive an e-mail or postcard and you believe you are a member of the Settlement Class, or if the mailing address listed on the postcard or e-mail notice you received is incorrect, you may submit an Address Verification Form to ensure you receive your settlement award, if sent by check. Address Verification Forms can be obtained from this Settlement Website or by calling the Toll-Free Settlement Hotline.
|EXCLUDE YOURSELF OR “OPT-OUT” OF THE SETTLEMENT
||If you ask to be excluded, you will not receive a settlement award. This is the only option that allows you to pursue your own claims against Defendants and/or other Released Parties in the future. The deadline for excluding yourself is January 31, 2017.
|OBJECT TO THE SETTLEMENT
||Write to the Court about why you believe the settlement is unfair in any respect. The deadline for objecting is January 31, 2017.
||If you do nothing, you will be issued a settlement award, either through an account credit or sent by check to the most recent address within BMW FS’ records, and you will give up your rights to sue Defendants and/or any other Released Parties on a Released Claim.
|GO TO THE FINAL APPROVAL HEARING
||Ask to speak in Court about the fairness of the settlement.
The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the Court approves the settlement and after any appeals are resolved. Please be patient.