Consumer complaint received 2020-09-22
Company: Big Picture Loans, LLC
State: MD
Product: Payday loan, title loan, or personal loan
Sub-product: Payday loan
Issue: Charged fees or interest you didn't expect

Complaint:
I have received the following notice on XX/XX/XXXXXXXX  ( did not see email since it was in my spam folder, the email address from the sender is bizarre ), When i called today after receiving a disturbing voicemail saying that I owe money to Castle Payday Loan i was told that I owed money and that they were going to take to court. Castle Payday Loan which is now Big Picture payday loan and they have no record of me having any type of loan with them when i called them  XX/XX/XXXX. I asked them to send me a copy of the record they have against me, and they refuse to. They said that I would only receive a receipt once the debt has been paid. I even called castle/big picture payday loan on three-way with the collection agency and still no record. Also, prior to researching I did at one point in our conversation comply with paying and even gave them my payment information but as i said, i realized that it was quite fishy, so i called  them back and cancelled that payment arrangement, then they said that they would hold that against me. But like i told them, i need to see a some type of proof that i owe something that i cant just pay something that i have no recollection of. But like said, I did end up canceling the arrangement because like i told the man, I have no record of having a loan with castle nor do they. The number the collection agency are harassing me from is XXXX case # XXXX. They said i took the loan out in XXXX. They have been calling my home, calling my mother, saying they are going to contact my place of employment.. that they will come looking for me. That they will take me to court. It is very concerning. I have no problem in resolving something, but again no one other than the agency that is calling me has a record of this debt. I can not remember the full amount that they said I owe. They told me they would settle for {$680.00} and they would be able to settle it in 5 payments. The first one of {$180.00}, and the last 4 of {$120.00}. When i asked one of the guys as to what the name of the agency they are calling me from and said assurance, but nothing comes up in XXXX search. 

The last conversation had with the agency calling me with threats is that with out any type of invoice, i can not do any business. They then said they will take me to court and that my automated voice agreeing to the original payment arrangement would be used against me. I told him, with out anytype of formal notice I would not pay them. Again he told me the only notice he would send me is the receipt once its paid. 

This is very crazy and i need some help. This is the email that was sent to me and was in my spam. 

XXXX Notice ID XXXX PIN : XXXX XXXX XXXX XXXX If You Obtained a Big Picture or Castle Payday Loan You Could Get Loan Forgiveness and/or a Cash Payment from a Settlement. 
A federal court ordered this notice. This is not a solicitation from a lawyer. 

Read this Notice. It states your rights and provides you with information regarding a proposed nationwide class action settlement ( " Settlement '' ) in lawsuits brought against a number of companies and persons alleged to be involved with the making of online loans in the name of Big Picture Loans and XXXX  XXXX  XXXX  XXXX XXXX Castle Payday Loans. All of these settling parties, listed below, are known here as the Settling Defendants. 


The lawsuit claimed that the Big Picture and Castle Payday loans violated state usury laws and the XXXX Influenced and Corrupt Organizations Act. There was no finding of liability in this case, and the Settling Defendants vigorously denied all allegations in the lawsuits.

As part of the proposed Settlement, individuals who executed Big  Picture and/or Castle Payday loan agreements from XX/XX/XXXX to XX/XX/XXXX may be eligible to receive certain benefits, as detailed below, including cash refunds.

This Notice is a summary of information about the Settlement and explains your legal rights and options because you may be a member of the class of borrowers who would be affected if the Settlement is finally approved by the Court. The complete terms of the proposed Settlement are available at the Settlement website,  XXXX.XXXX.XXXX  ( " Settlement Website '' ). You may also obtain further information about the Settlement at the following telephone number : ( XXXX ) XXXX XXXX. 
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT DO NOTHING You will remain a member of the Settlement Class. You may receive certain benefits without doing anything, including a reduction in the amount of interest you can be charged on your loan.

However, if you do nothing, you will not receive a cash payment. You can still bring any claim you may have against a Defendant, but only on an individual basis.

MAKE A CLAIM FOR A CASH PAYMENT You can make a claim for a cash amount by submitting the attached claim form ( " Claim Form '' ) by mail or at XXXX.XXXX.XXXX. You will receive a cash  payment if you repaid your loan, and paid more than 2.5 times the original principal amount of the loan in payments over the life of the loan. You can go to XXXX to see whether you would receive a cash payment. 



The deadline to submit a claim form is XX/XX/XXXX. You must mail or submit your claim online by that date. 





OBJECT TO THE SETTLEMENT If you want to object to the settlement, you may write to the Courts about why you don't like the settlement or why the Court should not approve it. 



The deadline to object to the settlement is XX/XX/XXXX. You must file any objection by that date. 

1. WHY IS THERE A NOTICE?

This Notice relates to a proposed nationwide Settlement that will be considered by a United States District Court in XXXX, Virginia ( the " Court '' ). Before the Settlement becomes effective, it must be finally approved by the Court. The claims of the Settlement Class Members ( as defined below ) are being settled in the Court in the following class action matter : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( the " Lawsuit '' ).

The Settlement also resolves other cases in Virginia, California, Oregon, Georgia, and Massachusetts.

You have been identified as a Settlement Class Member. The Court authorized this Notice because you have a right to know about a proposed Settlement of the lawsuit and about all your options before the Court decides whether to give " final approval '' to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.

2. WHAT ARE THESE LAWSUITS ABOUT? 
The claims involved in the Settlement arise out of loans made in the name of two companies that are owned by a XXXX  XXXX  XXXX  XXXX  : Big Picture Loans and XXXX XXXX XXXX XXXX XXXX  Castle Payday Loans ( " XXXX  Companies '' ). There were others that are alleged to have invested or assisted in the operations of these businesses. Several of these companies and individuals are also included in the Settlement ( collectively known as the " Settling Defendants '' ). Each of the Settling Defendants is listed below in Section 7.

The plaintiffs in these cases claim that the Settling Defendants violated federal and various state laws by : ( a ) making and collecting loans with annual interest rates in excess of the amount allowed by state law, ( b ) lending to consumers when these entities were required to have a license from a state to lend to consumers, and they did not have that license, ( c ) servicing or collection activities, or ( d ) their involvement in and support of other parties ' conduct. 



The plaintiffs in the lawsuit claim that the Tribal Companies ' loans violated state usury laws that govern the amount of interest lenders can charge and federal laws that prevent the collection of illegal debts.

The Settling Defendants do not agree that state law is applicable to the loans made by the Tribal Companies. They have vigorously denied all claims and allegations of wrongdoing. The Tribal Companies have maintained at all times that they are arms of the Tribe and share in the Tribe 's sovereign immunity. Notwithstanding the denials of liability and alleged unlawful conduct, the Settling Defendants have decided it is in their best interest to settle the Lawsuit to avoid the burden, expense, risk, and uncertainty of continuing in litigation.

Important case documents, including the Settlement Agreement, may be accessed at the Settlement Website, XXXX. 

3. WHY IS THIS A CLASS ACTION?

In a class action or proceeding, one or more people, called class representatives, bring an action on behalf of people who have similar claims. All of the people who have claims similar to the class representatives are a class or class members, except for those who exclude themselves from the class. Here, the Plaintiffs have filed a claim on behalf of the Settlement Class. 

4. HOW DO I KNOW IF I AM INCLUDED IN THE SETTLEMENT?

You are affected by the Settlement ( and thus a " Settlement Class Member '' ) if you obtained a Big Picture or Castle Payday loan ( s )  from XX/XX/XXXX to XX/XX/XXXX ( the " Settlement Class '' ). 



The Settling Defendants ' business records have identified you as a member of the Settlement Class.

5. WHAT DOES THE SETTLEMENT PROVIDE AND HOW MUCH WILL MY PAYMENT BE?

The Settling Defendants have agreed to create a fund in the amount of {$8.00} million ( " Settlement Fund '' ), and they have also agreed to certain other forms of non-monetary relief for the Settlement Class.  The Settling Defendants have agreed to provide the following benefits and others more fully described in the Settlement Agreement : a ) Consumer Refund. A Settlement Fund will provide payments to some Settlement Class Members who submit claims to the administrator of the Settlement ( " Settlement Administrator '' ). Only borrowers who repaid the loan and also paid more than 2.5 times the original principal amount of the loan in payments over the life of the loan will receive a refund payment. YOU MUST SUBMIT A VALID CLAIM FORM TO RECEIVE A REFUND PAYMENT. The amount of your check will depend on the amount of interest that you paid on your loan ( s ) and how many total valid claims are made by other Settlement Class Members. The Settlement Administrator will mail the check to the address you provide on the Claim Form, and so it is your obligation to update your address with the Settlement Administrator if you move.

b ) Reduced Interest on Pending Loans. For those Settlement Class Members whose loan ( s ) have not been fully paid off or are not more than 210 days delinquent or past due, the Settling Defendants agree to collect no more than 2.5 times the original principal amount of the loan in payments over the life of the loan. For example, if the original principal amount of the loan was {$500.00}, then the Settling Defendants have agreed to cap collection at {$1200.00} over the life of the loan, including payments credited to either interest or principal reduction. 

c ) Loan Forgiveness. For those Settlement Class Members whose loan ( s ) are currently, or become, more than 210 days in default ( " Charged-Off Loans '' ), the Settling Defendants agree to cease any collection activities and cancel all such loans as a contested liability to the extent not already done. The Settling Defendants will not assign, sell, or transfer any interest in Charged-Off Loans and/or future loan proceeds from Charged-Off Loans.

6. WHAT DO I HAVE TO DO TO RECEIVE MY PAYMENT?

To receive a refund payment from the Settlement Fund, you must complete the Claim Form linked to this Notice or at XXXX. The Claim Form requires your name, current postal address, date of birth, and the last four digits of the Settlement Class Member 's Social Security number. The Claim Form and the Settlement Website provide complete instructions for  completion of this claims process. You may submit only one Claim Form regardless of the number of loans you had.

You must mail or submit online your Claim Form no later than XX/XX/XXXX. 



The Claim Form is also made available for download on the Settlement Website or by request from the Settlement Administrator.

If you are entitled to a payment, the Settlement Administrator will mail you a check upon receipt of a Valid Claim approximately 395 days after the Court grants final approval of the Settlement and any appeals are resolved. 



The Settlement Administrator will mail the check to the address you provide on the Claim Form, and so it is your obligation to update your address with the Settlement Administrator if you move. You can contact the Settlement Administrator at the telephone number or address below if your address has changed.

TO SEE IF YOU QUALIFY FOR A CASH REFUND PAYMENT, you can go to XXXX XXXX XXXXXXXX or call ( XXXX ) XXXX. 

7. WHAT AM I GIVING UP IN THE SETTLEMENT?

As a member of the Settlement Class, you are providing a " Release '' of certain claims against the " Released Parties '' in the Settlement, who are the Settling Defendants. If you do nothing or otherwise do not receive a cash refund payment, you do not release any of your rights or claims, but you can only bring those on an individual basis. Under the Settlement, you lose your right to bring these claims in a different class action.

If you do submit a claim and do receive a cash refund payment, you will release all your claims against the Settling Parties and Released Parties. You will not be allowed to bring those claims either as an individual case or as a different class action.

The Released Parties and Settling Defendants include : the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( the " Tribe '' ) and the current and former members of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and/or any employees of the XXXX or any arms of the XXXX  ; Big Picture Loans , LLC ; XXXX XXXX, XXXX ; XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, and XXXX XXXX ; XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX  ; XXXX XXXX, XXXX and XXXX XXXX ; XXXX XXXX ; XXXX XXXX ; XXXX XXXX ; XXXX XXXX XXXX XXXX, XXXX ; XXXX XXXX XXXX XXXX XXXX XXXX  ; and each of their current and former directors, officers, principals, trustees, shareholders, partners, contractors, agents, attorneys ( including, XXXX XXXX, XXXX, XXXX, XXXX, XXXX XXXX XXXX, and XXXX XXXX XXXX ). 



Under the Settlement, the Named Plaintiffs and Settlement Class Members who submit Valid Claims will be deemed to have released and waived all past, present, and future claims against the Released Parties relating to and/or arising out of loans made by and/or in the name of Big Picture and/or XXXX XXXX/Castle Payday that are the subject of the Lawsuit. Specifically, Section 12.1 of the Settlement Agreement states : 12.1 Release for Valid Claims. Upon the Effective Date, the Named Plaintiffs, for themselves and as representatives of the Settlement Class, each Settlement Class Member who submits a Valid Claim, and/or their respective spouses, heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors and assigns and all those acting or purporting to act on their behalf acknowledge full satisfaction of, and shall be conclusively deemed to have fully, finally and forever settled, released and discharged the Released Parties of and from the Released Claims. Nothing in this Settlement Agreement, however, shall be deemed a release of the Parties ' respective rights and obligations under this Settlement Agreement. Also, nothing in this Settlement Agreement shall be deemed a release of Plaintiffs ' and Settlement Class Members ' respective Claims against the Non-Settling Defendants. 

Settlement Class Members who do not submit a Valid Claim will be deemed to have provided a more limited release of only class, collective, and mass actions against the Released Parties. Specifically, Section 12.4 of the Settlement Agreement states : 12.4 Scope of Release for Settlement Class Members Who Do Not Receive a Payment ( " Non-Payment Released Claims '' ). All Settlement Class Members who do not receive a payment from the Settlement Fund will waive their rights to bring a class action, collective action, and/or mass action ( but not an individual action ) against any and all of the Released Parties related to not only claims asserted in the Actions, but also claims that could have been asserted in the Actions.

The Plaintiffs have brought claims against other Non-Settling  Defendants and their companies who they allege were behind the lending operation. Specifically, claims against XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXX  XXXX, XXXX XXXX, XXXX, XXXX, XXXX, or any other entities owned, directly or indirectly, by XXXX XXXX, XXXX XXXX, or XXXX XXXX will continue to be litigated by the Plaintiffs. If a class is certified, you may also be part of that class and will receive separate notice of this and any rights or benefits you may have due to those lawsuits.

8. CAN I OPT OUT OF THE SETTLEMENT?

No. Settlement Class Members are not permitted to exclude themselves or otherwise " opt out '' of the Settlement because of the nature of the Settlement, which is brought under Fed. R. Civ. P. 23 ( b ) ( 2 ). However, unless you request and receive a cash refund payment, you do not give up your rights ( if any ) to bring an individual claim in your own lawsuit. That individual lawsuit would not be part of this case, and you would need to obtain your own lawyer ( s ) to bring  it. 

9. HOW DO I TELL THE COURT THAT I OBJECT TO AND DO NOT LIKE THE SETTLEMENT?

If you are a Settlement Class Member, then you can object to the Settlement if you think the Settlement is not fair, reasonable, or adequate, and that the Court should not approve the Settlement. You have the right to appear personally and be heard by the judge. The Court will consider your views carefully.

Your objection must be filed with the Court by XX/XX/XXXX. 



To preserve your objection, you must send a letter stating your views to each of the parties listed below : Class Counsel Representative XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX J XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, VA XXXX Telephone : ( XXXX ) XXXX Email : XXXX Big Picture Defendants ' Counsel Representative XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX XXXX, VA XXXX Telephone : ( XXXX ) XXXX Email : XXXX XXXX XXXX Defendants ' Counsel Representative XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, VA XXXX Telephone : ( XXXX ) XXXX Email : XXXX Settlement Administrator Big Picture Class Action c/o Settlement Administrator XXXX XXXX XXXX XXXX, FL XXXX Telephone : ( XXXX ) XXXX Email : XXXX You should include the following case name and docket number on the front of the envelope and letter you file with the Court : " XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX'.

All objections must include the following information : Your name, address, telephone number, and the last four digits of your Social Security number ; A sentence confirming that you are a Settlement Class Member ; Your factual basis and legal grounds for the objection to the Settlement ; and The name, firm name, phone number, email address, and mailing address of counsel representing you, if any.

Any lawyer who intends to appear at the Final Fairness Hearing must
also enter a written Notice of Appearance of Counsel with the Clerk of the Court no later than thirty ( 30 ) days before the Final Fairness Hearing and shall include the full style and case number of each previous class action case in which that counsel has represented an objector.

10. WHEN AND WHERE WILL THE COURTS DECIDE WHETHER TO APPROVE THE SETTLEMENT? 
The Court will hold a hearing to decide whether to approve the Settlement on XX/XX/XXXX at XXXX XXXX. in the courtroom of XXXX XXXX XXXX XXXX of the United States District Court for the XXXX District of XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX Federal Courthouse, XXXX XXXX XXXX XXXX XXXX XXXX XXXX VA XXXX. At this hearing, the Court will determine whether the Settlement is fair, reasonable, and adequate.

If there are objections, the Court will consider them at that time. The hearing may be moved to a different date or time without additional notice. Please check XXXX  or call ( XXXX ) XXXX to be kept up-to-date on the date, time, and location of the hearing. 

11. DO I HAVE TO COME TO THE HEARING?

No. But you are welcome to come at your own expense. As long as you mailed your written objection on time, the Court will consider it. You may also retain a separate lawyer to appear on your behalf at your own expense.

12. DO I HAVE A LAWYER IN THE CASE?

Yes. The Court has appointed these law firms in these cases as " Class Counsel '' to represent you and all other members of the  Settlement Class : XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX XXXX. 



These lawyers will not separately charge you for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.

13. HOW WILL THE LAWYERS BE PAID? 
As part of the proposed Settlement, Class Counsel are seeking an award of up to 33 % of the Settlement Fund for their attorneys ' fees and costs. The amount awarded by the Court will reduce the distributions to Settlement Class Members.

Class Counsel also will ask the Court to approve a service award of up to {$5000.00} to each of the 43 individual Plaintiffs in this matter, depending upon each Plaintiff 's degree of contribution and service. The Plaintiffs were subject to extensive discovery and made substantial contributions in the prosecution of these lawsuits for the benefit of the Class. The Court will ultimately decide how much Class Counsel and the individual Plaintiffs will be paid.

The Settlement contains a number of detailed provisions for the allocation of the Settlement Fund, including the distribution of leftover amounts. The details for Settlement Fund distribution are set forth in the settlement documents available at the Settlement Website, XXXX.

14. HOW DO I GET MORE INFORMATION?

This Notice summarizes the proposed Settlement. You can get a copy of the Settlement Agreement and other relevant case-related documents at the Settlement Website, XXXX by calling the Settlement Administrator at ( XXXX ) XXXX, or by contacting Class Counsel at the addresses above or by email to XXXX. 

PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, THE SETTLING DEFENDANTS OR THE SETTLING DEFENDANTS ' COUNSEL. THEY ARE NOT PERMITTED TO ANSWER YOUR QUESTIONS. 



DOWNLOAD CLAIM FORM XXXX XXXX XXXX Notice ID XXXX PIN : XXXX XXXX XXXX XXXX We will only contact you with court-authorized notices or to update you about a claim you have filed. We will never send you any advertising or solicitation from an attorney. To unsubscribe from further email and receive notices only by regular mail, click here. 



Settlement Administrator XXXX XXXX XXXX XXXX, FL XXXX

Company response to consumer: Closed with explanation