Burks v Gotham Process
The Court has granted provisional final approval to the settlement. We anticipate that payments will be sent in March 2024 to class members who have filed valid claim forms. If you are a class member but have not yet filed a claim form, it is not too late! File a claim form here.
Burks v. Gotham Process Inc., Mullooly, Jeffery, Rooney & Flynn, LLP, et. al.,
No. 20 Civ. 1001
United States District Court for the Eastern District of New York
• Good news! YOU WILL GET A PAYMENT OF AT LEAST $200, and also a FULL OR PARTIAL REFUND of money you paid to Mullooly, Jeffery, Rooney, & Flynn, LLP (if any), if you file a claim form and this class action Settlement is approved by the Court.
• You are now part of a proposed Settlement of a class action lawsuit.
• This lawsuit was brought by the New York Legal Assistance Group, a non-profit provider of free legal services to New Yorkers. You can learn more about us at www.nylag.org, or look at the flyer.
• Our class action lawsuit asserts that thousands of New Yorkers, including you, were not properly notified of the debt collection cases filed against them, and that it was illegal to not properly notify all of you about those cases.
• Our class action lawsuit asserts that although process servers claimed that they went to people’s homes and handed the court papers to their relatives, they did not actually hand court papers to anyone and instead made up names of the relatives, so many people did not get the court papers at all and did not learn about the cases filed against them.
• Money Settlement: Although Defendants strongly deny that they engaged in any wrongdoing and the Court has not decided whether Plaintiffs’ claims have merit or that Defendants did anything wrong, in order to avoid the cost of additional litigation Defendants together have agreed to pay a total of $1.35 MILLION DOLLARS. Class Members are eligible to receive some of this money as long as the Administrator receives their Claim Forms by October 26, 2023.
• Stopping Collections: Mullooly, Jeffery, Rooney, & Flynn, LLP has also agreed to (1) permanently stop collecting on the debt and (2) as long as it gets consent from the companies that own the debts and judgments, take steps to dismiss the case and, if you had a judgment entered against you, vacate (cancel) or satisfy (consider fully paid) the judgment. The result of these is that it is likely that collections on your debt or judgment will stop forever. Gotham Process Inc. has agreed to change certain practices regarding service of process.
• The lawyers representing the Class Members think this is a good Settlement because you will get a payment from the Settlement, plus other benefits like stopped collections.
• Please read the Notice carefully because your rights are affected whether you act or do nothing.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
| You May | What This Means | Due Date |
| Submit a Claim Form | This is the only way for you to get money from the Settlement! If you submit a valid Claim Form and the Settlement is approved, you will get a $200+ payment and the Law Firm defendant will stop collecting on your case/judgment. But, you will give up your rights to sue all of the Defendants about your case/judgment. If the company that owns your debt/judgment consents to the Law Firm discontinuing your case, or vacating or satisfying the judgments entered against you and other Class Members in connection with the Settlement, you will also give up your rights to sue that company about your case/judgment. | October 26, 2023 |
| Opt Out | You will not get any money from the Settlement. Defendants may keep collecting your judgment. But you could sue the Defendants on your own, at your own expense. | October 26, 2023 |
| Object | You must tell the court, in writing, what you do not like about the Settlement. Even if you object, you will get the benefits described above, as long as you submit a Claim Form and do not opt out. | October 26, 2023 |
| Do Nothing | You will not get any money from the Settlement, and you will give up all your rights to sue all of the Defendants about your case/judgment. If the company that owns your debt/judgment consents to the Law Firm discontinuing your case or vacating or satisfying the judgments entered against you and other Class Members in connection with the settlement, you will also give up your rights to sue that company about your case/judgment. But Defendants will stop collecting on your debt/judgment. | None |