SUPERIOR COURT OF THE STATE OF WASHINGTON, COUNTY OF KING
Proudlove v. Seed Consulting, LLC, et al.,
Case No. 20-2-09220-7 SEA
If you paid any money to Seed Capital and received consumer credit cards or lines of credit as a result of their services at any time after May 22, 2016, while residing in the state of Washington, please carefully read this notice. It may affect your rights.
A court authorized this notice. This is not a solicitation from a lawyer.
- Douglas Proudlove (referred to in this notice as “Plaintiff”), has sued Seed Consulting, LLC, dba Seed Capital, Corp., Erik Gantz, Kevin Tussy, and Does 1-10, (collectively referred to in this notice as “Defendants”) based on alleged violations of state law.
- The Court has allowed the lawsuit to proceed as a class action on behalf of all consumers who paid any money to Seed Capital and received only consumer credit cards or lines of credit as a result of Seed Capital’s services at any time after May 22, 2016, while residing in the state of Washington.
- The Defendants deny all of the allegations in the lawsuit.
- The Court has not decided whether Defendants did anything wrong. There is no money available at this time and no guarantee there ever will be. However, your legal rights will be affected. You have a choice to make now, by the deadline of February 28th, 2022:
Your Legal Rights and Options in This Lawsuit
Stay in this lawsuit. Await the outcome. Give up certain rights.By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But you give up any rights to sue the Defendants separately about the same legal claims in this lawsuit.
|Ask to be Excluded||
Get out of this lawsuit. Get no benefits from it. Keep rights.If you ask to be excluded and money or benefits are later awarded, you won’t share in those. But you keep any rights to sue Defendants separately about the same legal claims in this lawsuit.
- Your options are explained in this notice. To ask to be excluded, you must act by February 28th, 2022.
- Plaintiff and his lawyers must prove the claims against Defendants at a trial set to start April 18, 2022. If money or benefits are obtained as a result of this lawsuit, and you have not excluded yourself from this lawsuit, you will be notified about how to receive a share.
- Any questions? Read on or call Class Counsel toll-free at 1-855-349-7023.
|1. Why did I get this notice?|
|Defendants’ records show that you paid money to Seed Capital and received consumer credit cards or lines of credit as a result of their services during the class period (from May 22, 2016 to the present) while residing in the state of Washington. This notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect your legal rights. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Defendants, on your behalf, are correct. A judge of the Superior Court of the State of Washington, County of King is overseeing this lawsuit. The lawsuit is known as Proudlove v. Seed Consulting, LLC, et. al., Case No. 20-2-09220-7 SEA.|
|2. What is this lawsuit about?|
|The Plaintiff claims the Defendants violated certain state laws. Defendants deny the claims and deny that they have violated state law.|
|3. What is a class action and who is involved?|
|In a class action lawsuit, one or more people called “Class Representatives” (in this case Douglas Proudlove) sue on behalf of other people who have similar claims to those being asserted by the Class Representatives. The people together are called a “Class” or “Class Members.” The individual who sued is called “Plaintiff.” The companies and the individuals Plaintiff sued (in this case Seed Consulting, LLC, dba Seed Capital, Corp., Erik Gantz, Kevin Tussy, and Does 1- 10) are called the “Defendants.” Defendants are represented by Mix Sanders Thompson, PLLC of Seattle, Washington, and Marquis Aurbach Coffing of Las Vegas, Nevada. The King County Superior Court will resolve the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.|
|4. Why is this lawsuit a class action?|
|The Court decided that this lawsuit can proceed as a class action because it meets the requirements of Washington Civil Rule 23. You can obtain more information about why the Court is allowing this lawsuit to proceed as a class action by reviewing the Court’s Order Granting Motion to Certify Class, which is available in the Important Documents section of this website: http://terrellmarshall.com/wp-content/uploads/2022/01/ORDER-Granting-Plaintiffs-Motion-for-Class-Certification.pdf.|
The Claims in the Lawsuit
|5. What does the lawsuit complain about?|
|In the lawsuit, the Plaintiff says the Defendants have violated state laws with respect to consumers who paid money to Seed Capital and received only consumer credit cards or lines of credit as a result of their services while residing in Washington. Specifically, the Plaintiff claims the Defendants have been violating state law in the following ways:
You can read Plaintiff’s current class action complaint in the Important Documents section of this website: http://terrellmarshall.com/wp-content/uploads/2022/01/1st-Amended-Complaint.pdf.
|6. How did the Defendants respond?|
|The Defendants deny the truth of Plaintiff’s accusations, deny that they did anything wrong, and maintain that their standard practices with respect to Washington consumers have been fair and transparent. You can read Defendants’ answer to Plaintiff’s complaint in the Important Documents section of this website: http://terrellmarshall.com/wp-content/uploads/2022/01/Defs-Gantz-and-Tussys-Answer-to-1st-Amended-Complaint.pdf.|
|7. Has the Court decided who is right?|
|No. The Court hasn’t decided whether the Defendants or the Plaintiff is correct with respect to the claims set forth in Section 5 above. By certifying the Class and issuing this notice, the Court is not suggesting that the Plaintiff will win or lose this case. The Plaintiff must prove his claims at a trial. (See “The Trial” section below.)|
|8. What are the Plaintiffs asking for?|
|On behalf of himself and the Class Members, the Plaintiff seeks reimbursement of the money he paid to the Defendants, exemplary damages, interest, injunctive and declaratory relief, attorneys’ fees, and costs.|
|9. Is there any money available now?|
|No. The Court has not yet decided whether Defendants did anything wrong. No money or benefits are available now, and there is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to receive a share.|
Who is in the Class
You need to decide whether you are affected by this lawsuit. If you do not ask to be excluded, you will stay in the Class.
|10. Am I part of this Class?|
|The Court has decided that the following individuals are Class Members:
Umbrella Class: All Washington residents who signed an agreement with Seed Capital in substantially the form of Exhibit A to the First Amended Complaint, paid any money to Seed Capital, and received only consumer credit cards or lines of credit as a result of Seed Capital’s services, at any time starting four years preceding the filing of this action.
Response Marketing Sub-class: All persons in the Umbrella Class who purchased Seed Capital’s services in connection with a program operated by Response Marketing Group or any related entity.
Many Class members were referred to Seed Consulting by a group of companies that allegedly promised they would train their clients on how to quickly make money by buying and selling real estate, also known as “flipping houses.” The Response Marketing training programs typically cost $35,000 or more. The Response Marketing companies operated under various names, including the following:
If one of these Response Marketing companies referred you to Seed Consulting, and you paid money to Seed Consulting in connection with the services offered by the Response Marketing company, you are a member of the Response Marketing Sub-Class.
To summarize, if you received notice of this lawsuit, you are a member of the Umbrella Class. If you also paid money to Seed Consulting after being referred to them by one of the Response Marketing companies, you are also a member of the Response Marketing Sub-Class.
YOUR RIGHTS AND OPTIONS
You have to decide whether to stay in the Class or ask to be excluded before the trial, and you have to decide this now.
|11. What happens if I do nothing at all?|
|You don’t have to do anything now if you want to remain in the Class and be part of this lawsuit. By doing nothing, you are staying in the Class. If you stay in the Class and Plaintiff obtains money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). If the Plaintiff does not recover money or benefits, you will have no right to money or benefits. Keep in mind that if you do nothing now, regardless of whether Plaintiff wins or loses the trial, you will not be able to sue, or continue to sue, the Defendants—as part of any other lawsuit—about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the orders the Court issues and judgments the Court makes in this lawsuit.|
|12. What do I do if I do not want to be part of this lawsuit?|
|If you do not want to participate in this lawsuit or be bound by its outcome, you need to ask to be excluded from the Class. If you exclude yourself from the Class—which also means to remove
yourself from the Class and is sometimes called “opting-out” of the Class—you won’t get any money or benefits from this lawsuit that Plaintiff may obtain as a result of the trial or from any settlement (that may or may not be reached) between Defendants and Plaintiff. However, you will retain the right to sue Defendants for the alleged state law violations and to possibly recover damages, attorneys’ fees, and costs from them on your own. If you exclude yourself, you will not be legally bound by any orders the Court issues or judgments the Court makes in this lawsuit.
|13. How do I ask the Court to exclude me from the Class?|
|To ask to be excluded, you must send an “Exclusion Request” to Terrell Marshall Law Group, in one of two forms.
First, you may submit an Exclusion Request electronically, through this website. To do so, click on the “Submit an Exclusion Request” link at the top of this web page, fill out all requested information, confirm that you want to be excluded from the Class in Proudlove v. Seed Consulting, LLC, and click “Submit.” You must submit any electronic Exclusion Request on or before February 28th, 2022.
Second, you may send a letter using the contact information set forth below. The letter must include your name, address, and telephone number as well as the following statement: “I want to be excluded from the Class in Proudlove v. Seed Consulting, LLC.” The letter you send must be signed by you. You must mail or email your exclusion request letter, postmarked on or before February 28th, 2022 to:
Class Counsel for Proudlove v. Seed Consulting
The Lawyers Representing You
|14. Do I have a lawyer in this case?|
|The Court has decided that the Law Office of Paul Arons, Leonard Law, and Terrell Marshall Law Group PLLC are qualified to represent you and all Class Members. Together the lawyers
are called “Class Counsel.” The lawyers representing the Class are:
Paul AronsLAW OFFICE OF PAUL ARONS
685 Spring Street, #104
Friday Harbor, Washington 98250
3614 California Avenue SW, #151
Seattle, Washington 98116
Beth E. Terrell
Blythe H. Chandler
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103
www.terrellmarshall.comMore information about Law Office of Paul Arons, Leonard Law, and Terrell Marshall Law
Group PLLC, their practices, and their lawyers’ experience is available at https://www.seattledebtdefense.com/, https://aronsconsumerlaw.com/, and
|15. Should I get my own lawyer?|
|You do not need to hire your own lawyer because Class Counsel is working on your behalf. But you have the right to retain your own lawyer at your own expense if you would like. Hiring your own lawyer will not remove you from the Class unless you also submit an Exclusion Request as discussed above in section 13.|
|16. How will the lawyers be paid?|
|If Class Counsel gets money or benefits for the Class, they may ask the Court for fees and costs. You won’t have to pay these fees and costs. If the Court grants Class Counsel’s request, the fees and costs will either be deducted from any money obtained for the Class or paid separately by Defendants.|
The Court has scheduled a trial to decide who is right in this case.
|17. How and when will the Court decide who is right?|
|As long as the case isn’t resolved by a settlement or otherwise, Class Counsel will have to prove Plaintiff’s claims at a trial. The trial is currently set to start on April 18, 2022 at the King County
Superior Court, 516 3rd Ave, Seattle, WA 98104. During the trial, a jury or judge will hear all of the evidence and decide who is right about the claims in the lawsuit. There is no guarantee that
Plaintiff will win or that he will get any money for the Class.
|18. Do I have to come to the trial?|
|You do not need to attend the trial. Class Counsel will present the case for Plaintiff and the Class, and the Defendants’ counsel will present their defense. However, you or your own lawyer are
welcome to come to the trial at your own expense.
|19. Will I get money after the trial?|
|If the Plaintiff obtains money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take. If Defendants win the case at trial, they you will not get any money.|
Getting More Information
|20. Are more details available?|
|More details are available in the Important Documents section of this website, where you will find certain filings made in the Lawsuit: www.terrellmarshall.com/proudlove-v-seed-capital/. You may also get more information by calling Class Counsel at 1-855-349-7023 (toll free) or writing to:
Class Counsel for Proudlove v. Seed Consulting