Florida CashCall, Western Sky Class Action Settlement

CashCall Inc. has agreed to settle a class action lawsuit involving allegations it violated Florida law with regard to unsecured consumer installment loans.

If you entered into a loan agreement with Western Sky that was subsequently purchased by WS Funding and serviced by CashCall, you may be entitled to benefits from a class action settlement.

According to the class action lawsuit, CashCall and John Paul Reddam, CashCall’s president, CEO and sole shareholder, violated Florida’s usury laws and the Florida Deceptive and Unfair Trade Practices Act.

The CashCall class action lawsuit involves unsecured consumer installment loans from Western Sky Financial LLC, which Florida residents applied for and received. After these loans were finalized and secured, Western Sky reportedly sold and assigned the loans to WS Funding, and the loans were then serviced by CashCall, a California corporation.

CashCall was the real lender for these Western Sky loans, the plaintiffs allege in the CashCall class action lawsuit.

The Florida Office of Financial Regulation and the Florida State Attorney General’s Office have also taken legal action against the CashCall defendants over this conduct. Those actions have been settled.

The defendants deny the allegations but have agreed to settle the CashCall class action lawsuit to avoid the cost and uncertainty of litigation. They maintain that Western Sky was the actual lender for the loans, and that Florida laws do not apply to the loans because, as stated in the Western Sky loan agreements, the loans are governed by the laws and jurisdiction of the Cheyenne River Sioux Tribe.

The CashCall defendants will pay nearly $14.5 million to settle the class action lawsuit. In addition to providing cash payments to eligible Class Members, the defendants have also agreed to discontinue all servicing and collection activities of any of the Class Members’ outstanding Western Sky loans.

CashCall will notify Class Members that the amounts owed on the loans are disputed and will request that credit bureaus remove any credit reporting regarding Florida Western Sky loans.

The CashCall class action settlement was preliminarily approved on Dec. 30, 2016.

Who’s Eligible

Class Members of the CashCall settlement include anyone who had a Western Sky loan agreement that identified you as a Florida resident at the time you received the loan, and the loan is dated on or after Feb. 11, 2011.

NOTE: If you had a Western Sky loan agreement that was dated before Feb. 11, 2011, you are not included in this class action settlement, but you may be entitled to a restitution payment under the CashCall settlement with the Florida State Attorney General’s Office.

Potential Award

Varies. The amount each Class Member receives will be based on an approximate percentage of the excess interest paid on the loan.

Proof of Purchase

N/A

FAQs

FREQUENTLY ASKED QUESTIONS »

Exclusion Deadline

3/30/2017

NOTE: Class Members who don’t opt out of the CashCall settlement will automatically receive benefits if they’re eligible.

Case Name

Abraham Inetianbor, et al. v. CashCall Inc., et al., Case No. 0:13-cv-60066-JIC, in the U.S. District Court for the Southern District of Florida

Final Hearing

5/15/2017

UPDATE: The Florida CashCall/Western Sky settlement was granted final approval on May 15, 2017.  The settlement website states that settlement payments are expected to be made in September 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Settlement Website

www.FloridaCashCallClassSettlement.com

Claims Administrator

Florida CashCall Class Settlement
c/o Dahl Administration LLC
P.O. Box 3614
Minneapolis, MN 55403-0614
1-866-572-5999
info@FloridaCashCallClassSettlement.com

Class Counsel

Janet R. Varnell
VARNELL & WARWICK PA

Mona L. Wallace
WALLACE & GRAHAM PA

Defense Counsel

Thomas J. Nolan
Joseph L. Barloon
SKADDEN ARPS SLATE MEAGHER & FLOM LLP

Christopher S. Carver
AKERMAN LLP