1. Why did I get a notice letter?
2. What is this Lawsuit about?
3. Why is this a class action?
4. Why is there a settlement?
5. How do I know if I am part of the Settlement?
6. What does the Settlement provide?
7. What can I get from the Settlement?
8. How can I get a Settlement Payment?
9. When would I get my Settlement Payment?
10. What am I giving up to get a Settlement Payment?
11. How do I get out of the Settlement?
12. If I don’t exclude myself, can I sue Cenlar for the same thing later?
13. If I exclude myself, can I get an award payment from this Settlement?
14. Do I have a lawyer in this case?
15. How will the lawyers be paid?
16. How do I tell the Court that I don’t like the Settlement?
17. What’s the difference between objecting and excluding?
18. When and where will the Court decide whether to approve the Settlement?
19. Do I have to come to the hearing?
20. May I speak at the hearing?
21. What happens if I do nothing at all?
22. Are there more details about the Settlement?
You may have received an automated call on your mobile telephone from Cenlar between December 18, 2016, and December 18, 2021, after revoking your consent to be contacted this way. Or, you may be a California resident who requested in writing that Cenlar stop contacting you and thereafter you received a letter asking you to sign and return a form or received at least one subsequent telephone call from Cenlar. The Court determined that you have a right to know about a proposed Settlement of this class action lawsuit, and about your options, before the Court decides whether to grant final approval to the Settlement. If the Court approves it, and after any objections and appeals are resolved, the Settlement Class Payments will be distributed to class members in the manner described below.
The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Court in charge of this case is the United States District Court for the Central District of California, and the case is known as Shayan Kamrava v. Cenlar Capital Corporation D/B/A Central Loan Administration and Reporting A/K/A Cenlar FSB, Case No. 2:20-CV-11465 (the “Lawsuit”). The person who filed the class action Lawsuit (Shayan Kamrava) is called the Plaintiff. Cenlar is called the Defendant.
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Plaintiff claimed that Defendant unlawfully contacted him as part of an attempt to collect on a debt after Plaintiff sent Defendant a written cease and desist request. Defendant denies any wrongdoing.
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In a class action, one or more persons, called the “Class Representative” (in this case Shayan Kamrava), sues on behalf of other people who have similar claims. All these people are a “Class,” with each individual being a “Class Member.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. The United States District Court for the Central District of California oversees this class action.
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The Court did not decide in favor of either Plaintiff or Defendant. Instead, after numerous documents were exchanged between the parties, and the Court made rulings on various issues, both sides agreed to a Settlement. By so settling, the parties avoided the cost and uncertainty of a trial, and Class Members will be able to receive money in the form of a Settlement Payment. The Class Representative and the attorneys think the Settlement is best for everyone.
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There are two Settlement Classes:
TCPA Settlement Class
All persons within the United States who received an automated call to their cellular telephone, after revocation of consent, within the TCPA Class Period from Defendant or a loan servicer on whose behalf Defendant was sub-servicing, its employees or its agents (the “TCPA Settlement Class”).
TCPA Class Period is the time period from December 18, 2016 through December 18, 2021.
RFDCPA Settlement Sub-Class:
All persons with addresses within the State of California who requested in writing that Defendant or the loan servicer on whose behalf Defendant was sub-servicing to stop contacting them and thereafter (i) received a letter asking them to sign and return a form confirming their cease-and-desist request or (ii) received at least one subsequent telephone call within the RFDCPA Sub-Class Period (the “RFDCPA Settlement Sub-Class”).
RFDCPA Sub-Class Period is the time period from December 18, 2019 through December 18, 2021.
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Defendant has agreed to create a $714,000 settlement fund. Administrative expenses, a service award of up to $3,000 to the Class Representative, and attorneys’ fees and costs will be paid from this fund. The balance of the fund will be distributed to Class Members in accordance with the Settlement Agreement.
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After administrative expenses, service awards, and attorneys’ fees are paid from the settlement fund, the balance will be distributed to Settlement Class Members.
The award payments will be calculated by:
First, taking the number of RFDCPA Settlement Sub-Class Members (X) and multiplying it by $100 (Y) as represented in the following formula: (X) x (Y) = (Z).
Then, taking the Net Settlement Amount (XX) and subtracting (Z).
Thereafter, divide the number that resulted from (XX)-(Z) by the total number of calls placed to the TCPA Settlement Members (ZZ) as represented in the following formula: (XX)-(Z) / (ZZ) = (T).
Finally, (T) is multiplied by the number of calls placed to each particular TCPA Settlement Class Member, which yields the Cash Settlement Payment for each TCPA Settlement Class Member.
For illustration purposes only, if the Net Settlement Amount is hypothetically $496,800 (and assuming there are no exclusions) the calculation would be as follows:
53 [total number of RFDCPA Settlement Sub-Class Members] x $100 [total Cash Settlement Payments to each RFDCPA Settlement Sub-Class Members] = $5,300
$496,800 [Net Settlement Amount] - $5,300 = $491,500
$491,500 / 2,251 [Total Number of TCPA Calls] = $218.35 per call [Cash Settlement Payment per call to each TCPA Settlement Class Member]
$218.35 x number of calls placed to each TCPA Settlement Class Member [total Cash Settlement Payments for each TCPA Settlement Class Member]
In other words, each RFDCPA Settlement Sub-Class Member will receive $100. The TCPA Settlement Class Members will receive a proportional payment based on the number of calls they received.
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Class Members, whether part of the TCPA Settlement Class or the RFDCCPA Settlement Sub-Class, do not need to do anything to receive a Cash Settlement Payment. When this Settlement receives final approval by the Court, Settlement Class Members will receive Cash Settlement Payments as calculated above.
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The Court will hold a hearing on February 24, 2025, to decide whether to approve the settlement. If the Court approves the Settlement, there could be appeals afterward, which will take time to resolve. Please be patient.
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Unless you exclude yourself, you are staying in the Settlement Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendant about the legal issues in this Lawsuit. It also means that all of the Court’s orders will apply to you and legally bind you.
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To exclude yourself from the Settlement, you must either fill out the Exclusion Form that was enclosed with your notice letter and submit it via mail, download a new Exclusion Form here, and submit it via mail, or submit online via the Exclusion form on this website. Be sure to include your name, address, telephone number, your signature, and either your Unique ID (included in the Notice you were sent) or the cellular telephone number(s) on which you received the phone calls(s) from Defendant. If you submit the Exclusion Form via mail, you must mail your Exclusion Form postmarked no later than December 16, 2024, to all three of the following:
ADMINISTRATOR | CLASS COUNSEL | DEFENSE COUNSEL |
Cenlar FSB Settlement | Kazerouni Law Group, APC | Locke Lord LLP |
If you submit the Exclusion Form via the Settlement Website, it must be submitted no later than December 16, 2024.
You can’t exclude yourself on the phone or by e-mail. If you ask to be excluded, you will not get any Settlement Payment, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this Lawsuit. You may be able to sue (or continue to sue) Defendant in the future.
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No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Settlement to continue your own lawsuit. Remember, the exclusion deadline is December 16, 2024.
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No. If you exclude yourself, you will not receive a Cash Settlement Award from this Settlement. However, you may sue, continue to sue, or be part of a different lawsuit against Defendant.
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Yes. The Court has appointed for settlement purposes Abbas Kazerounian, Ryan L. McBride, and Pamela E. Prescott of Kazerouni Law Group, APC as counsel for the Settlement Classes. These lawyers are called “Class Counsel” and represent you and other Settlement Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel will ask the Court for attorneys’ fees and expenses of up to 30% of the $714,000 settlement fund (“Common Fund”). Up to now, Class Counsel have not been compensated for the time, or reimbursed for the expense, of litigating this lawsuit.
Additionally, Class Counsel will ask for a service award of up to $3,000 for Class Representative Shayan Kamrava, who brought this lawsuit on behalf of all Settlement Class Members. Although the court may award less than this amount, service awards are commonly granted to recognize the efforts of Class Representatives in bringing and prosecuting lawsuits on behalf of others.
Finally, the costs to administer the Settlement will be deducted from the Common Fund.
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You can tell the Court that you don’t agree with the Settlement, or some part of it. This is called an “objection.” You can give the reasons why you think the Court should not approve the Settlement. The Court will consider your views.
Any Settlement Class Member who wishes to appear in person to present evidence or argument in support of the objection at the Final Approval Hearing must provide notice to that effect in his/her/its notice of objection.
To object, you must file your objection with the Court overseeing the Lawsuit and send a letter stating that you object to the Settlement reached in Shayan Kamrava v. Cenlar Capital Corporation D/B/A Central Loan Administration and Reporting A/K/A Cenlar FSB, Case No. 2:20-CV-11465. Your objection request shall state in writing all objections, the reasons for such objections, and indicate any notice of appearance at the Final Approval Hearing.
Be sure to include your full name, address, telephone number, signature, and either your Unique ID (included in the Notice you were sent) or the cellular telephone number(s) on which you received the phone calls(s) from Defendant.
You must mail your objection request postmarked no later than December 16, 2024 to all three of the following addresses:
ADMINISTRATOR | CLASS COUNSEL | DEFENSE COUNSEL |
Cenlar FSB Settlement | Kazerouni Law Group, APC | Locke Lord LLP |
For any attorney representing an objector, the attorney shall file a declaration listing all objections previously filed for anyone, the case name, court, and case number, and how much, if any amount, was paid in connection with the objection.
Any Settlement Class Member who fails to timely file a written objection with the Court and notice of his/her/its intent to appear at the Final Approval Hearing in accordance with the terms of the Settlement and as detailed in the Notice, shall not be permitted to object to this Settlement at the Final Approval Hearing, shall be foreclosed from seeking any review of this Settlement by appeal or other means, and shall be deemed to have waived his/her/its objections and be barred from making any such objections in the Lawsuit or any other action or proceeding.
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Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself 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.
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The Court will hold a Final Approval / Fairness Hearing on February 24, 2025, at 10 a.m., at First Street Courthouse, 350 W. 1st Street, Courtroom 9C, Los Angeles, California 90012. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel, and whether to grant the requests for service awards. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
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No. Class Counsel will answer questions the Court may have. But you are welcome to come at your own expense if you choose. You may also pay your own lawyer to attend, but it is not necessary.
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You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter stating that it is your “Notice of Intention to Appear in Shayan Kamrava v. Cenlar FSB, 2:20-CV-11465.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than December 16, 2024, and be sent to all three of the following:
ADMINISTRATOR | CLASS COUNSEL | DEFENSE COUNSEL |
Cenlar FSB Settlement | Kazerouni Law Group, APC | Locke Lord LLP |
If you wish to appear in person to present evidence or argument in support of the objection at the Final Approval Hearing must provide notice to that effect in your notice of objection described in Section 16 above.
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All Settlement Class Members, whether part of one or both Settlement Classes, who do not exclude themselves will receive Cash Settlement Payment when the Court approves the Settlement. When this Settlement receives final approval by the Court, the Settlement Administrator will calculate and send out the Cash Settlement Payments.
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This website and the notice summarize the proposed Settlement. More details are in a Settlement Agreement and other documents posted in the Important Documents page of this website. You may also contact the Settlement Administrator at 833-234-0409.
Please do not contact Cenlar or the Court with questions about this settlement.
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