Dyck-O’Neal FDCPA $80k class action settlement

Dyck-O’Neal agreed to pay nearly $80,000 to resolve claims it violated the Fair Debt Collection Practices Act (FDCPA) by collecting on debts without communicating with borrowers.

The settlement benefits consumers with a Dyck-O’Neal-owned non-performing mortgage loan and who, since Aug. 3, 2022, received written correspondence regarding their loan that contained a demand to pay a late fee or interest charges during a time period in which they did not receive monthly statements.

According to the FDCPA class action lawsuit, Dyck-O’Neal collects on debts despite failing to communicate with borrowers about their accounts with statements or collection letters. The plaintiff in the case claims he faced home foreclosure due to Dyck-O’Neal’s illegal debt collection practices.

Dyck-O’Neal is a mortgage loan purchaser, servicer and asset manager.

Dyck-O’Neal hasn’t admitted any wrongdoing but agreed to a $79,967.42 settlement to resolve the FDCPA class action lawsuit.

Under the terms of the settlement, class members can receive an equal share of the settlement fund. Although exact payments will vary depending on the number of participating class members, each eligible consumer is estimated to receive around $282.57.

The deadline for exclusion and objection is June 18, 2024.

The final approval hearing for the settlement is scheduled for Aug. 28, 2024.

No claim form is required to benefit from the settlement. Class members who do not exclude themselves will automatically receive a settlement payment.

Who’s Eligible

Consumers with a Dyck-O’Neal-owned non-performing mortgage loan and who, since Aug. 3, 2022, received written correspondence regarding their loan that contained a demand to pay a late fee or interest charges during a time period in which they did not receive monthly statements

Potential Award

$282.57

Proof of Purchase

N/A

Exclusion Deadline

06/18/2024

Case Name

Hernandez v. Dyck-O’Neal Inc., Case No. 1:23-cv-01029-AJT-IDD, in the U.S. District Court for the Eastern District of Virginia

Final Hearing

08/28/2024

Settlement Website

HernandezFDCPASettlement.com

Claims Administrator

Hernandez FDCPA Settlement Administrator
PO Box 23698
Jacksonville, FL 32241
877-312-9253

Class Counsel

Kristi C Kelly
Casey S Nash
Pat McNichol
Matthew G Rosendahl
KELLY GUZZO PLC

Defense Counsel

Sangeeta Philip Spengler
Dale Thomas Golden
MARTIN GOLDEN LYONS WATTS MORGAN PLLC

David Neal Anthony
Noah DiPasquale
TROUTMAN PEPPER HAMILTON SANDERS LLP