KING COUNTY SUPERIOR COURT
PCA Acquisitions V, LLC et al., v. Teri Kimmons-Struck
Case No. 22-2-08801-0 SEA
If Lippman Recupero, LLC filed a lawsuit against you on behalf of PCA Acquisitions V, LLC before March 3, 2022, or sent you a collection letter at a Washington address at any time from May 20, 2021 to March 3, 2022 attempting to collect on a debt you allegedly owe to PCA Acquisitions V, LLC, you may be entitled to benefits from a class action settlement.
A Washington state court authorized this notice.
This is not a solicitation from a lawyer and it is not a lawsuit against you. This is not an attempt to collect a debt.
- Lippman Recupero, LLC (“Lippman”) and PCA Acquisitions V, LLC (“PCA”) have agreed to establish a settlement fund of $15,000 from which eligible persons will receive cash awards. The fund will also be used to pay settlement administration expenses and a service award.
- All class members for whom class counsel has a deliverable address are eligible to receive a payment from the settlement fund. If you think you may be part of the class but you did not receive a postcard notice in the mail, contact class counsel to update your address.
- The settlement resolves a lawsuit over whether Lippman and PCA violated the Washington Collection Agency Act, the Washington Consumer Protection Act, and the Fair Debt Collection Practices Act by Lippman filing collection lawsuits against Washington consumers or sending them collection letters before Lippman obtained a collection agency license from the state of Washington.
- Lippman and PCA do not admit to any wrongdoing and continue to deny the allegations in the case. The two sides disagree on whether the class would have been certified and whether the Class Representative would have won at trial.
- The Court presiding over the case has issued an order granting preliminary approval of the settlement and granting provisional certification of the settlement class. The Court will decide whether the proposed settlement should be approved.
- Court-appointed lawyers for the class (“class counsel”) will ask the Court to approve a payment of $26,000 for attorneys’ fees and expenses to be paid by Lippman and PCA separately from the settlement fund.
- Your estimated share of the settlement fund if you do not exclude yourself, is included on the postcard notice sent to you. Please note, the amount included in the postcard notice is an estimate. The final amount may be different. Your legal rights are affected by whether you act or not. Please read this notice carefully.
- Questions? Read on, view the full Settlement Agreement here, call 1-855-349-7023 toll free or email firstname.lastname@example.org.
Your Legal Rights and Options in This Lawsuit
Stay in this lawsuit. Be eligible for settlement benefits. Give up certain rights.By doing nothing, you keep the possibility of getting money or benefits that come from the settlement, but you give up any rights to sue Lippman and/or PCA separately about the same or similar legal claims.
|Exclude Yourself By June 19th, 2023.||
Get out of this lawsuit. Get no benefits from it. Keep rights to sue.If you exclude yourself, you will not be eligible to receive any money or other benefits that come from the settlement and you may not object. This is the only option that allows you to be part of any other lawsuit against Lippman and/or PCA about the legal claims in this case.
|Object By June 19th, 2023.||
Stay in this lawsuit. File a written objection to the settlement with the Court.If you disagree with any portion of the Settlement Agreement, you may file a written objection with the Court, which will be considered at the final approval hearing. If you want your objection considered by the Court, you may not exclude yourself from the settlement. If the settlement is approved, you will be bound by the Settlement Agreement and you give up rights to sue Lippman and/or PCA separately about the same or similar legal claims in this lawsuit, but you will still be eligible to receive money or benefits that come from the settlement.
|Attend a Hearing on July 14th, 2023 at 9:00 AM|
Attend the final approval hearing and ask the Court to speak.Attend the final approval hearing and ask the Court to speak. If you do not exclude yourself, you may ask to speak to the Court about the fairness of the settlement.
|1. What is this website about and why should I read it?|
|The purpose of this website is to let you know that a proposed settlement has been reached in the class action lawsuit entitled PCA Acquisitions V, LLC v. Teri R. Kimmons-Struck, et al., Case No. 22-2-08801-0 SEA. Judge LeRoy McCullough of the Superior Court of the State of Washington for King County has preliminarily approved the proposed settlement. You have legal rights and options that you may act on before the Court decides whether to grant final approval of the proposed settlement. Because your rights will be affected by this settlement, it is important that you read the information on this website carefully.
|2. Why did I get a postcard notice?|
|Lippman or PCA’s records show that Lippman collected or attempted to collect from you amounts that you allegedly owe to PCA (1) by filing a lawsuit against you in a Washington state court before March 3, 2022; or (2) by sending you a collection letter from May 20, 2021 to March 3, 2022.
|3. What is this lawsuit about?|
|In a class action a person called a “Class Representative” (in this case Teri Kimmons-Struck), sues on behalf of people who have similar claims. All these people are a class or class members. One court resolves the issues for all class members, except those who exclude themselves from the class.
The Class Representative challenged Lippman’s attempts to collect on debts class members allegedly owed to PCA before Lippman obtained a Washington collection agency license. The Class Representative alleges that Lippman’s and PCA’s conduct violated the Washington Collection Agency Act, the Washington Consumer Protection Act, and the Fair Debt Collection Practices Act.
Lippman and PCA deny the Class Representative’s claims.
|4. Why is there a settlement?|
|The Court did not decide in favor any person in the lawsuit. Instead, both sides agreed to a settlement. This avoids the cost of a trial, and the people affected will benefit from the settlement. The Class Representative and her attorneys think the settlement is best for all class members under the circumstances. Lippman and PCA have not admitted fault or that they violated any laws.
Who is in the Settlement?
|5. How do I know if I am part of the settlement?|
|You are a class member if Lippman collected or attempted to collect from you a debt allegedly owed to PCA:
The class does not include any persons who validly request exclusion from the settlement, as described under Question 11.
If you have questions about whether you are a part of the class, you may call 1-855-349-7023.
The Settlement Benefits–What You Get
|6. What does the settlement provide?|
|The settlement requires Lippman and PCA to establish a settlement fund in the amount of $15,000. The Settlement Fund will first be used to pay a Class Representative service award of up to $1,000, and settlement administration costs. The remainder will be used to make cash payments first to return money to each settlement class member who paid money to Lippman that were allocated to amounts other than principal, and then in equal shares to all settlement class members for whom class counsel has a deliverable address.
The settlement also requires Lippman and PCA to cease attempts to collect amounts above principal for the settlement class members’ accounts at issue in this case.
|7. Will I receive a payment and how much will it be?|
|Your share of the settlement’s cash payment will depend on whether you paid money to Lippman that was allocated to amounts other than principal.
Your estimated share of the Settlement Fund you do not exclude yourself, is included on the postcard notice sent to you. Your estimated share of the Settlement Fund may increase or decrease depending on factors such as, but not limited to, the outcome of any challenge by class members to the settlement, the number of class members for whom class counsel has a deliverable address, and the number of class members who effectively exclude themselves from the settlement.
If you have questions about whether you are entitled to a payment under the settlement, you may call 1-855-349-7023.
If you request to be excluded from the settlement, you will not receive any payment or other benefits from the settlement.
How You Get A Payment
|8. How can I get a payment?|
|If you received a postcard notice, you will automatically receive that benefit. You do not need to submit a claim form or contact anyone. If you did not receive a postcard notice but believe you are in the class, you must call 1-855-349-7023.
|9. When will I get my payment?|
|The Court will hold a hearing on July 14th, 2023 at 9:00am, to decide whether to approve the settlement. If the hearing date changes, this website will be updated. If the Court approves the settlement, the parties will then have to wait up to 30 days to see whether there is an appeal. An appeal can take up to a year or more to resolve. In the event of an appeal, information about the appeal’s progress will be posted on this website.
If there is no appeal, class counsel expect the payments to be sent out within 65 days of the Court’s approval of the settlement.
|10. What am I giving up to receive a benefit?|
|Unless you exclude yourself, you will be part of the class. That means you may not sue, continue to sue, or be part of any other lawsuit against Lippman or PCA regarding claims that are the same or similar to the ones in this lawsuit. It also means that all of the Court’s orders will apply to you and legally bind you.
The Settlement Agreement (available here) describes the claims you are releasing (the “Released Claims”) and against whom you are releasing claims (the “Released Parties”) in detail, so read it carefully. To summarize, the Release includes claims that arise out of Lippman having filed lawsuits against consumers in PCA’s name or sent collection letters to Washington addresses seeking to collect amounts allegedly owed to PCA before Lippman obtained a Washington collection agency license. If you are currently involved in a lawsuit against PCA Acquisitions V, LLC or Lippman Recupero LLC, or contemplating filing a lawsuit against one of those entities, you should consult with your own attorney to determine whether you need to opt out of this settlement.
Excluding Yourself From the Settlement
If you don’t want a payment from this settlement, but you want to keep the right to sue or continue to sue Lippman or PCA in a different case, then you must remove yourself from the class. This is called excluding yourself – or is sometimes referred to as “opting out” of the settlement.
|11. How do I exclude myself from the settlement?|
|To exclude yourself from the settlement, you must send a written letter to class counsel at the address below that includes your name and address and must be postmarked no later than June 19th, 2023.
Exclusion requests must be mailed to:
Terrell Marshall Law Group
You cannot exclude yourself on the phone, by fax, or by email. If you ask to be excluded, you will not get any payment or debt relief, and you cannot object to the settlement. You will not be legally bound by anything that happens in the lawsuit. You may be able to sue (or continue to sue) Lippman and/or PCA in the future.
|12. If I don’t exclude myself, can I sue Lippman Recupero, LLC or PCA Acquisitions V, LLC for the same thing later?|
|No. Unless you exclude yourself, you give up any right to sue PCA Acquisitions V, LLC or Lippman Recupero, LLC, for the claims that this settlement resolves. If you already have a lawsuit relating to these companies’ debt collection practices, you should speak to your lawyer in that case immediately. You may need to exclude yourself from this class to continue your own lawsuit. The exclusion deadline is June 19th, 2023.
|13. If I exclude myself, can I get anything from this settlement?|
|No. You will not receive any monetary benefits if you exclude yourself and additional settlement benefits described in section 6 will not apply to you.
The Lawyers Representing You
|14. Do I have a lawyer in this case?|
|The Court has decided that Terrell Marshall Law Group PLLC and Northwest Consumer Law Center are qualified to represent you and all class members. Together, these lawyers are called “class counsel.” More information about Terrell Marshall Law Group PLLC and Northwest Consumer Law Center, their practices, and their experience is available www.terrellmarshall.com and www.nwclc.org.
You will not be separately charged for these lawyers; they will be compensated for their time and reimbursed for their costs in a separate payment from Lippman and PCA in amounts approved by the Court. If you want your own lawyer, you may hire one at your own expense.
15. How will the lawyers be paid?
Class counsel will ask the Court to approve payment of up to $26,000 to them for attorneys’ fees and expenses. This payment will pay class counsel for investigating the facts, litigating the case, and negotiating the settlement. Class counsel will request a service award of $1,000 from the settlement fund for the Class Representative to compensate her for her time and effort representing the Class. Class counsel’s complete request for fees, costs, and a service award to the Class Representative are posted on this website in the preliminary approval motion. The Court may award less than these amounts.
Objecting to the Settlement
|16. How do I object to the settlement?|
|If you are a class member and you do not exclude yourself from the class, you can object to the settlement if you don’t like any part of it. You may give reasons why you think the Court should not approve it. The Court will consider your views. The Court cannot change the terms of the settlement. The Court can only approve or deny the settlement.
To object, you must file your objection by mailing a written letter to the Court at the address provided below. The letter must include:
The objection must be postmarked no later than June 19th, 2023. If the settlement is approved, you will still be eligible to receive a payment under the settlement.
Objections to the settlement must be filed with the Court by mailing your letter to:
King County Courthouse
17. What is the difference between objecting and excluding myself from the settlement?
|Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the class. Excluding yourself from the settlement is telling the Court that you don’t want to be part of the class. If you exclude yourself, you have no basis to object because the case no longer affects you.
The Court’s Fairness Hearing
|18. When and where will the Court hold a hearing on the fairness of the settlement?|
|The Court will hold a final approval hearing at 9:00am on July 14th, 2023 at the King County Courthouse, 516 Third Avenue, Seattle, WA 98104. The purpose of this hearing is for the Court to determine whether the settlement is fair, reasonable, adequate, and in the best interest of the class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including those related to the amount requested by class counsel for attorneys’ fees and expenses and the service award to the Class Representative. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.
Note: The date and time of the fairness hearing are subject to change by Court order. Any changes will be posted on this website.
|19. Do I have to come to the hearing?|
|No. Class counsel will answer any questions the Court may have. You are welcome to come to the hearing at your own expense. If you send an objection you don’t have to come to the Court to talk about it. As long as your written objection was filed or mailed on time, and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.
|20. May I speak at the hearing?|
|If you do not exclude yourself from the class, you may ask the Court for permission to speak at the hearing about any part of the Settlement Agreement. If you filed an objection (see Question 16 above) and intend to appear at the hearing, you should state your intention to do so in your objection. To speak, write that you will do so in your objection or send a letter saying that it is your “Notice of Intention to Appear” in PCA Acquisitions V, LLC v. Kimmons-Struck, No. 22-2-08801-0 SEA. Be sure to include your name, address, telephone number, that you are a class member, and your signature. Your Notice of Intention to Appear should be received at the address in Question 16, no later than 10 days before the hearing date, July 14th, 2023. You can call 1-855-349-7023 toll free or write to class counsel at email@example.com for more information about how to appear. You cannot speak at the hearing if you exclude yourself.
If You Do Nothing
|21. What happens if I do nothing at all?|
|If you do nothing, you will be a member of the Class and you will be eligible to receive settlement benefits if the Court approves the settlement.
Get More Information
|22. Are more details about the settlement?|
|This website summarizes the proposed settlement. More details are in the Settlement Agreement. You may review the Settlement Agreement here. You can also get a copy of the Settlement Agreement by writing to class counsel at the address below.
|23. How do I get more information?|
|First review all the information on this website. If you still have questions, you can call 1-855-349-7023 toll free; or write to class counsel at firstname.lastname@example.org or
Terrell Marshall Law Group
Please Do NOT Contact the Court, the Judge, or Counter-Defendants PCA or Lippman with Questions about the Settlement.