RILLEY, ET AL. v MONEYMUTUAL, LLC

COURT NO: 16-CV-04001-DWF-LIB

UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

 

Rilley, et al. v. MoneyMutual, LLC, et al.; Case No. 16-cv-04001-DWF/LIB

 

 

NOTICE OF CLASS ACTION

 

If you used MoneyMutual.com to get a short-term, small-dollar loan,

a class action lawsuit may affect your rights.

 

 

A federal court authorized this class action Notice.  You are not being sued.

 

 

 

 

 

                                                                                                                                       

 

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

Do Nothing

Stay in the lawsuit, await the outcome, and give up certain rights.  By doing nothing, you keep the possibility of getting money or benefits that may be awarded if Plaintiffs win a trial or reach a settlement.  But, you also give up any rights to sue Defendants separately about the same legal claims in this lawsuit.  If the Plaintiffs lose, your claims would also likely be lost.  

Exclude Yourself

Opt out of the lawsuit – which means that you choose not to be part of the lawsuit – get no benefits from it, keep certain rights.  If you ask to be excluded and money or benefits are later awarded, you will not share in those.  But, you will keep the right to sue Defendants separately about the same legal claims in this lawsuit.  To exclude yourself, you must send a written request on or before April 5, 2019.  This is discussed below in more detail in FAQ 12.

 

How do I notify the Notice Administrator that my address has changed?

You must notify the Notice Administrator of any changes in your mailing address.

To update your mailing address, contact the Notice Administrator at:

 Rilley v MoneyMutual

c/o Notice Administrator

P.O. Box 23369

Jacksonville, FL 32241-3369

or

[email protected]

 

Please provide your previous address and new address in the body with a subject line -- Change of Address (COA) and [Your Name].

  1. Why did I get this Notice?

    1.           If you received a postcard notice by mail, or an email notice, MoneyMutual’s records indicate that you may be a member of the Class in this case. 

       

                The Class is defined as follows:

       

      All individuals residing in Minnesota who (1) received a loan from a lender of $1,000 or less, (2) that required a minimum payment within 60 days of loan origination of more than 25 percent of the principal balance, (3) by using moneymutual.com or any MoneyMutual-branded website, (4) from August 1, 2009 through January 11, 2019. 

       

                If this applies to you, you are a class member.  If you are not sure if you are a class member, you can contact the lawyers the Court appointed to represent you.

       

               Note: Class Counsel will be seeking to obtain by subpoena directly from your bank, your bank records related to the loans at issue to determine class membership and damages.  Please see FAQ 10 below for more information regarding your options with respect to bank records.

       

                ***If you have records, such as bank statements or emails, showing that you took out a loan after using the MoneyMutual website, please contact Class Counsel at [email protected] or (877) 504-2575.***

       

                The Judge in charge of this case is the Honorable Donovan W. Frank of the United States District Court for the District of Minnesota.  The case is known as Rilley, et al. v. MoneyMutual, LLC, et al., Case No. 16-cv-04001-DWF/LIB. The people who filed this lawsuit are called the Plaintiffs, and MoneyMutual, LLC, PartnerWeekly, LLC, and Selling Source, LLC, are the Defendants. 

  2. What is the lawsuit about?

    1.           Plaintiffs claim that Defendants broke Minnesota’s payday lending laws by arranging loans with unlicensed lenders.  Plaintiffs make a variety of legal claims based on this theory, including that Defendants violated Minn. Stat. § 47.601, the Minnesota Deceptive Trade Practices Act, the Minnesota Consumer Fraud Act, and aided and abetted and conspired with unlicensed lenders to make loans.

       

                 Defendants vigorously deny Plaintiffs’ allegations and maintain they have not broken any laws.

       

                The Court has not ruled in favor of either side at this time.  The only thing the Court has decided is that the case can proceed as a class action.

  3. What is a class action?

    1.           Class actions are lawsuits in which the claims and rights of many people are decided in a single proceeding.  In a class action, individual plaintiffs bring their lawsuit on behalf of all members of a larger group.  The larger group is called “the class.”  In a class action, people with similar claims are treated alike.  The court is guardian of the class’s interests and supervises the prosecution of the class claims by counsel for the class to assure that the representation is adequate.  Class members are not individually responsible for the costs or fees of counsel, which are subject to court award.

  4. Why is this case a class action?

    1.           The Court decided that this lawsuit can be a class action because it meets the requirements of the Federal Rule of Civil Procedure 23, which governs class actions in federal courts.

       

                Specifically, the Court found that:

       

      • The number of Minnesota consumers who meet the class definition is sufficiently large;
      • There are legal questions and facts that are common to all class members;
      • Named Plaintiffs Scott Rilley, Michelle Kunza, Venus Colquitt-Montgomery, Jonathon Aldrich, and Kendra Buettner’s claims are typical of the claims of the rest of the Class;
      • The Named Plaintiffs, and the lawyers representing the Class will fairly and adequately represent the Class’ interests;
      • The common legal questions and facts are more important than questions that affect only individuals; and
      • This class action will be more efficient than having many individual lawsuits.

       

                More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Order Certifying the Class, which is available here.

  5. What are the Plaintiffs' claims?

    1.           In the lawsuit, Plaintiffs allege that Defendants operate the MoneyMutual website, through which consumers fill out a form to provide their information to lenders in order to get short-term, small-dollar loans.  After consumers submit their information, Defendants would then sell those consumers’ information to their “network” of lenders, who would then offer loans to the consumers.  Plaintiffs primarily allege, among other claims, that (1) Defendants lacked a license to arrange for short-term loans for Minnesota consumers; (2) Defendants failed to make the required disclosures before arranging short-term loans; and (3) the lenders in Defendants’ network were largely unlicensed to offer loans in the state of Minnesota.  You can read the Plaintiffs’ Complaint here.

  6. How do Defendants respond?

    1.           The Defendants respond that they are “lead generators” and do not make any loans.  “Lead generators” are marketing companies which assist other companies, such as lenders, to obtain customers.  Defendants deny that they did anything wrong and deny that Minnesota’s payday lending laws apply to them or their business.  You can read the Defendants’ Answer here.

  7. Has the Court decided who is right?

    1.           The Court has not decided whether Defendants or Plaintiffs are correct.  By establishing the Class and authorizing this Notice, the Court is not suggesting that the Plaintiffs will win or lose the case.  The Plaintiffs must still prove their claims at a trial. 

  8. What are the Plaintiffs asking for?

    1.           Plaintiffs seek (1) a declaration the alleged practices of Defendants are unlawful, (2) an injunction requiring Defendants to cease their practices in the state of Minnesota, (3) damages of all money collected or received in connection with the loans, statutory damages of up to $1,000 per violation, punitive damages, and an award of pre- and post-judgment interest, (4) disgorgement of all amounts received by Defendants in connection with the sale of Minnesota consumer information to lenders, and (5) attorneys’ fees and costs  

  9. Is there any money available now?

    1.           No money or benefits are available now because the Court has not yet decided whether Defendants did anything wrong, and the two sides have not settled the case.  There is no guarantee that money or benefits ever will be obtained.  If they are, you will be notified about how to be eligible for a share.

  10. What happens if I do nothing at all?

    1.           You do not have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit.  By doing nothing you are staying in the Class.  If you stay in and Plaintiffs obtain money or benefits, either as a result of trial or a settlement, you will be notified about how to be eligible for a share, or how to ask to be excluded from any settlement.  Keep in mind that if you do nothing now, regardless of whether Plaintiffs win or lose at trial, you will not be able to sue, or continue to sue, Defendants – as part of any other lawsuit – for the same legal claims that are the subject of this lawsuit.  This means that if you do nothing, you are not able to individually sue MoneyMutual, PartnerWeekly, or Selling Source relating to loans taken out by you between August 1, 2009 and January 11, 2019 through the MoneyMutual-branded websites.  You will be legally bound by all orders the Court issues and judgments the Court makes in this class action. 

       

                  Note, as part of the litigation, Class Counsel will be seeking bank records via subpoena directly from your bank on potential members of the class to determine class membership and damages.  The bank information will come from the information that you provided on the MoneyMutual website.  The records requested will be limited to any loan that you may have received after using the MoneyMutual website.  The records will be kept confidential and will be destroyed after the litigation is over.  If you do not want Class Counsel to obtain information from your bank, please contact Class Counsel by [email protected] or (877) 504-2575  by April 5, 2019.  If you have records, such as bank statements or emails, showing that you took out a loan after using the MoneyMutual website, please contact Class Counsel by [email protected] or (877) 504-2575.  The email address is [email protected] and the phone number is (877) 504-2575.

       

                  Enclosed with the long form notice you received is a postcard with which you can also indicate whether you have bank statements or emails showing that you took out a loan, or request that your bank records not be obtained.  You are not required to return this postcard, but should do so if you do have such bank statements or if you do not want Class Counsel to obtain your bank records.

       

                  If you have questions about the lawsuit you can call Class Counsel at (877) 504-2575 or email them at [email protected]

  11. Why would I ask to be excluded?

    1.           If you already have your own lawsuit against any of the Defendants and want to continue it, 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 will not get any money or benefits from this lawsuit even if the Plaintiffs obtain them as a result of a trial or from any settlement (that may or may not be reached).  However, you may then be able to sue or continue to sue Defendants for these claims at any time.  If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.

       

                If you start your own lawsuit against Defendants after you exclude yourself, you will have to either represent yourself or hire your own lawyer for that lawsuit, and you will have to prove your claims.  If you do exclude yourself so you can start or continue your own lawsuit against Defendants, you should talk to a lawyer soon, because your claims may be subject to a statute of limitations.

  12. How do I ask to exclude myself?

    1.           To ask to be excluded, you must send a written request either by mail, or by email, to Class Counsel on or before April 5, 2019.  Your request must include your name and address, and state that you request to be excluded from the Rilley v. MoneyMutual class action. 

       

                Class Counsel’s mailing address is: E. Michelle Drake, Berger Montague PC, 43 SE Main Street, Suite 505, Minneapolis, MN 55414. 

       

                The email address is:  [email protected]

  13. Do I have a lawyer in this case?

    1.           The Court has appointed E. Michelle Drake and John Albanese of Berger Montague PC, and Mark Heaney of Heaney Law as Counsel for the Class.  The Court has determined that these attorneys are qualified to represent you and all class members.  More information about the law firms are available at www.bergermontague.com, and www.heaneylaw.com.

       

                You may reach Class Counsel at (877) 504-2575 or [email protected] if you have any questions about this case.

  14. How will the lawyers be paid?

    1.           If Class Counsel obtains money or benefits for the Class, they will ask the Court to require Defendants to pay their fees and expenses.  You will not have to pay these fees and expenses individually.  If the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Defendants.

  15. Should I get my own lawyer?

    1.           You do not need to hire your own lawyer because Class Counsel is working on your behalf.  But, if you want a lawyer to represent you individually, you will have to hire that lawyer. 

  16. Are there more details available?

    1.           This Notice is only a summary.  To review documents filed in the case for more detail, visit Important Documents.  You may also speak to one of Class Counsel by calling (877) 504-2575 or writing to [email protected]