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Jacquess, et al. v. Snap RTO LLC.

San Diego County Superior Court
Case No. 37-2021-00033209-CU-BT-CTL

Important Dates
Deadline to file a claim
Date of Preliminary Approval
Class Period
PAGA Period
Opt-Out Deadline
May 2, 2022
Objection Deadline
May 2, 2022
Dispute Deadline
May 2, 2022
Final Approval Hearing
June 10, 2022 10:30 AM
Disbursement Date
Expiration of Check Cashing Period
Important Documents & Info

Submit a Claim by May 2, 2022

IF YOU ENTERED INTO A RENTAL-PURCHASE AGREEMENT WITH SNAP RTO LLC THAT INCLUDED PROVISIONS PROVIDING FOR PAYMENT OF A PROCESSING FEE AND/OR NONSUFFICIENT FUNDS FEE, YOU MAY BE ENTITLED TO COMPENSATION.


What is the Litigation About?

The Lawsuit alleges that defendant Snap RTO LLC (“Defendant”) entered into rental-purchase agreements with certain California consumers that included provisions providing for payment of a Processing Fee and/or Nonsufficient Funds Fee (“NSF Fee”) that did not comply with California law. The Lawsuit alleges that Defendant violated the Karnette Rental-Purchase Act (Cal. Civ. Code § 1812.620 et seq.), and certain other provisions of California consumer protection laws.


Am I a Class Member?

All individuals who, between November 12, 2016, and March 10, 2021, entered into a rental-purchase agreement with Snap RTO LLC. in the State of California that included provisions providing for payment of a Processing Fee and/or a Nonsufficient Funds Fee (“NSF Fee”). Excluded from the Class are persons who have entered into an agreement with Snap that effects a release of claims that would otherwise be within the scope of this action. Also excluded from the Class are all employees of Defendants, all employees of Plaintiff’s counsel, and the judicial officers to whom this case is assigned.


What Does the Settlement Provide?

In full and complete settlement of the claims of the Class Members who do not exclude themselves, Defendant will pay the principal amount of $5,257,376.50. The Settlement Amount, plus any interest thereon, will be used to pay Class Counsel’s attorneys’ fees and litigation expenses (as approved by the Court), any service payments that the Court may award to the Class Representatives, the expenses of settlement administration (including class notice), and the settlement payments or credits to or for the benefit of Class Members who qualify for inclusion in the Payment Group or the Credit Group. If any funds are remaining by reason of uncashed settlement checks or otherwise, the remaining amount will be paid to one or more cy pres recipients approved by the Court, or as otherwise directed by the Court. In addition to the monetary consideration of the Settlement Amount, the Settlement also includes injunctive relief and the write-off benefits.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT


Submit A Claim Form by May 2, 2022
To potentially qualify for a monetary payment or credit from the Settlement Amount, Class Members must file a Claim that is validated as qualifying for inclusion in the Payment Group or the Credit Group.

Exclude Yourself From the Class by May 2, 2022
Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator.

Object by May 2, 2022
Any Class Member who wishes to object to the Settlement may do so orally or in writing. Any written objection must be filed with the Court and served on Class Counsel, Defendant’s counsel, and the Settlement Administrator.

Go to a Hearing
Speak in Court about the settlement. (If you object to any aspect of the settlement, you must submit a written objection by the Objection Deadline.)

Do Nothing
If you do nothing, you will not receive a monetary payment or credit from the Settlement Amount, but you will be entitled to receive write-off benefits if you qualify for inclusion in the Write-Off Group and you will be bound by the release in the Settlement Agreement.

FAQs

1. What is the litigation about?

The Lawsuit alleges that defendant Snap RTO LLC (“Defendant”) entered into rental-purchase agreements with certain California consumers that included provisions providing for payment of a Processing Fee and/or Nonsufficient Funds Fee (“NSF Fee”) that did not comply with California law. The Lawsuit alleges that Defendant violated the Karnette Rental-Purchase Act (Cal. Civ. Code § 1812.620 et seq.), and certain other provisions of California consumer protection laws.


2. What is a class action lawsuit?

In a class action, one or more people called Named Plaintiffs or Class Representatives on behalf of people who may have similar claims. The people put together are a “Class” or “Class Members.”

3. Why is there a Settlement?

Defendant denies the allegations of the Lawsuit. The Court has not decided which party is right. The parties have agreed to a Settlement to provide certain benefits to eligible Class Members and to resolve the case without any admission of liability or wrongdoing by Defendant.

The parties have exchanged detailed information about the claims, defenses, and remedies alleged in the Lawsuit. After lengthy settlement negotiations, including a mediation conducted by an independent mediator, the parties reached a proposed Settlement that, if approved by the Court, will resolve the claims asserted against Defendant. Plaintiffs and their counsel believe the Settlement is fair, reasonable, and in the best interests of the Class Members.

4. Did Snap RTO LLC admit that it did something wrong? Did the court rule against Snap RTO LLC?

No. In agreeing to the Settlement, the Defendant denies that it did anything wrong. The Court did not decide in favor of either the Named Plaintiffs, the Class, or the Defendant.

WHO IS IN THE SETTLEMENT?

5. How do I know if I am part of the Settlement?

The Settlement Class includes all individuals who, between November 12, 2016, and March 10, 2021, entered into a rental-purchase agreement with Snap RTO LLC in the State of California that included provisions providing for payment of a Processing Fee and/or a Nonsufficient Funds Fee (“NSF Fee”). Excluded from the Class are persons who have entered into an agreement with Snap that effects a release of claims that would otherwise be within the scope of this action. Also excluded from the Class are all employees of Defendants, all employees of Plaintiff’s counsel, and the judicial officers to whom this case is assigned.

Potential Class Members who do not receive a Summary Class Notice via email or mail may print a Claim Form from the Settlement Website or request a Claim Form from the Settlement Administrator. A printed Claim Form must be completed, dated by the Claimant, signed by the Claimant, and returned to the Settlement Administrator via U.S. Mail, or email. Upon receipt of a Claim Form, the Settlement Administrator will verify whether the Claimant is a member of the Class by comparing the information provided on the Claim Form against the records of Defendant.

The deadline for submitting a Claim is May 2, 2022.


SETTLEMENT BENEFITS

6. What does the Settlement provide?

In full and complete settlement of the claims of the Class Members who do not exclude themselves, Defendant will pay the principal amount of $5,257,376.50. The Settlement Amount, plus any interest thereon, will be used to pay Class Counsel’s attorneys’ fees and litigation expenses (as approved by the Court), any service payments that the Court may award to the Class Representatives, the expenses of settlement administration (including class notice), and the settlement payments or credits to or for the benefit of Class Members who qualify for inclusion in the Payment Group or the Credit Group, as described in this Notice. If any funds are remaining by reason of uncashed settlement checks or otherwise, the remaining amount will be paid to one or more cy pres recipients approved by the Court, or as otherwise directed by the Court. In addition to the monetary consideration of the Settlement Amount, the Settlement also includes injunctive relief and the write-off benefits.


7. What are my options if I am a class member?

Class Members have four options under the Settlement. If you are a Class Member, you may:

1. File a Claim. To potentially qualify for a monetary payment or credit from the Settlement Amount, Class Members must file a Claim that is validated as qualifying for inclusion in the Payment Group or the Credit Group.

(a) Class Members whose name, address, and/or email information is reflected in the business records produced by Defendant are being sent a Court-approved Summary Class Notice via email or mail, which includes a hyperlink to the Settlement Website or other information which enables those Class Members to submit a Claim electronically via the Settlement Website. The deadline for submitting a Claim is May 2, 2022. If you miss this deadline, you will not receive a monetary payment or credit from the Settlement Amount (even if you would otherwise qualify for inclusion in the Payment Group or Credit Group), but you will be entitled to receive write-off benefits if you qualify for inclusion in the Write-Off Group and you will be bound by the other terms of the Settlement if you do not request exclusion from the Settlement.

(b) Potential Class Members who do not receive a Summary Class Notice via email or mail may print a Claim Form from the Settlement Website or request a Claim Form from the Settlement Administrator. A printed Claim Form must be completed, dated by the Claimant, signed by the Claimant, and returned to the Settlement Administrator via U.S. Mail, personal delivery, or email. Upon receipt of a Claim Form, the Settlement Administrator will verify whether the Claimant is a member of the Class by comparing the information provided on Claim Form against the records of Defendant. The deadline for submitting a Claim is May 2, 2022. If you miss this deadline, you will not receive a monetary payment or credit from the Settlement Amount (even if you would otherwise qualify for inclusion in the Payment Group or Credit Group), but you will be entitled to receive write-off benefits if you qualify for inclusion in the Write-Off Group and you will be bound by the other terms of the Settlement if you do not request exclusion from the Settlement.

2. Do Nothing. If you do nothing, you will not receive a monetary payment or credit from the Settlement Amount, but you will be entitled to receive write-off benefits if you qualify for inclusion in the Write-Off Group and you will be bound by the release in the Settlement Agreement.


3. To Be Excluded From the Settlement. Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator. The request for exclusion must be in writing, and must list the Class Member’s name, address, and telephone number, along with the statement: “I wish to be excluded from the Jacquess v. Snap Settlement,” or words to that effect, and must be dated and signed by the person requesting exclusion. To be timely, the request for exclusion must be returned to the Settlement Administrator no later than May 2, 2022. You may not submit both a Claim Form and a letter requesting to be excluded from this Settlement.


4. To Object to the Settlement. Any Class Member who wishes to object to the Settlement may do so orally or in writing. Any written objection must be filed with the Court and served on Class Counsel, Defendant’s counsel, and the Settlement Administrator, no later than May 2, 2022.

For more information regarding your options as a Class Member, please read the Long Form Notice here.


8. Do I have a lawyer in this case?

The Court appointed the law firm of Dostart Hannink as Class Counsel for settlement purposes.


CLASS COUNSEL

Dostart Hannink
4180 La Jolla Village Dr., Ste. 530
La Jolla, CA 92037
Tel: (858) 623-4265
Email: cklobucar@sdlaw.com

Class Counsel represent the interests of the Settlement Class. If you want to be represented by your own lawyer, you may hire one at your own expense.


9.How will the lawyers be paid?

Class Counsel will file a motion requesting an award of attorneys’ fees of up to 35% of the Settlement Amount, plus actual litigation expenses not exceeding $50,000. Defendant has agreed that it will take no position regarding these requests, provided the requests made to the Court are consistent with this Section. As soon as practicable following the Effective Date, the Settlement Administrator will pay to Class Counsel from the Settlement Amount the attorneys’ fees and litigation expenses awarded by the Court. These amounts are all subject to Court approval.


THE COURT’S FAIRNESS HEARING

10. When and where will the Court decide whether to approve the Settlement?

The Court will hold a hearing on June 10, 2022, at 10:30 a.m., in Department 70 of the San Diego County Superior Court, to determine whether the Settlement should be finally approved, to rule on Class Counsel’s motion for award of attorneys’ fees, reimbursement of litigation expenses, and class representative service payments, and for approval of settlement administration expenses. The Court is located at 330 W. Broadway, San Diego, CA 92101. The hearing may be continued without further notice, and it may also be conducted remotely pursuant to procedures adopted by the San Diego County Superior Court. You should consult the Court’s website for information concerning access to the Courthouse and procedures for participating in hearings by remote means. YOU ARE NOT REQUIRED TO ATTEND OR PARTICIPATE IN THE HEARING, BUT YOU MAY IF YOU CHOOSE.



GETTING MORE INFORMATION

11. What if I have other questions about the Settlement?

You may view the Settlement Agreement and other important documents on the Court Documents page. You may also review the pleadings and other papers filed in the Lawsuit at the Court’s Business Office, located at 330 West Broadway, San Diego, CA 92101.

PLEASE DO NOT CONTACT THE COURT ABOUT THIS NOTICE.

If you have questions about the Settlement, please contact the Settlement Administrator or Class Counsel, as follows:


SETTLEMENT ADMINISTRATOR

CLASS COUNSEL
Jacquess v. Snap RTO LLC.
Settlement Administrator
c/o CPT Group, Inc.
50 Corporate Park Irvine, CA 92606
Tel: 1-888-723-0591
Email: SnapRTOSettlement@cptgroup.com

Dostart Hannink
4180 La Jolla Village Dr., Ste. 530
La Jolla, CA 92037
Tel: (858) 623-4265
Email: cklobucar@sdlaw.com


SECOND AMENDED COMPLAINT

SETTLEMENT AGREEMENT

PRELIMINARY APPROVAL ORDER

LONG FORM NOTICE

CLAIM FORM

Questions?

Please Call Toll Free
1(888)910-0257

Questions?

Please Call Toll-Free
1-888-723-0591SnapRTOSettlement@cptgroup.com

Jacquess, et al. v. Snap RTO LLC.
CPT GROUP, Inc.
50 Corporate Park
Irvine, CA 92606

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