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Several North Carolina rental companies have agreed to pay $275,000 to resolve claims they unlawfully charged eviction fees to their tenants.
The settlement benefits individuals who resided in properties owned or managed by RAM Partners LLC or Tralee Affordable Panther between Feb. 19, 2015, and June 25, 2018, and who either received a collection letter warning they would be charged eviction fees or were charged these fees and paid them.
Plaintiff Jasmine Davis filed her class action lawsuit in February 2019, arguing she and other tenants were charged illegal eviction fees by RAM Partners LLC and Tralee Affordable Panther. These complaint filing fees, sheriff service fees and attorneys’ fees were allegedly charged to Davis and other tenants when the defendants filed eviction actions in court.
Davis says she was charged over four times the legal limit for eviction fees after being late on her rent in January 2018. However, at the time these fees were charged, the rental company had reportedly not yet filed an eviction notice against Davis.
“Indeed, at the time Defendants put the Eviction Fees on Davis’s ledger, Defendants were not ‘out-of-pocket’ any expenses and not permitted to recover any fees,” the eviction fees class action lawsuit contends.
“However, even if Defendants had properly filed and served a complaint for summary ejectment, Defendants did not have authority to assess more than 5% of Davis’ portion of her rent for a Complaint Filing Fee.”
The companies allegedly continued to charge Davis unlawful eviction fees until they finally filed a complaint against her in March 2018.
The defendants have not admitted any wrongdoing, but have agreed to resolve the claims against them with a $275,000 settlement.
Under the terms of the settlement deal, Class Members can collect a cash payment. Individuals who received a collection letter can collect up to $50 for one collection letter or up to $150 for multiple collection letters. Individuals who were charged eviction fees can collect payments of up to $340 for each time they were charged and paid these fees.
In order to receive a collection letter benefit from the settlement, Class Members must file a valid claim form by March 8, 2021. No claim form is required to receive compensation for eviction fees.
The deadline for exclusion and objection is Feb. 15, 2021. The final approval hearing is scheduled for March 22, 2021. In order to appear at this hearing, Class Members must file a notice by Feb. 22, 2021. However, Class Members are not required to appear at the final approval hearing.
Who’s Eligible
Individuals who resided in properties owned or managed by RAM Partners LLC or Tralee Affordable Panther between Feb. 19, 2015, and June 25, 2018, and who either received a collection letter warning they would be charged eviction fees or were charged these fees and paid them.
Potential Award
Cash payments of up to $340 per eviction fee instance and/or up to $150 for collection letters.
Individuals who received a collection letter can collect up to $50 for one collection letter or up to $150 for multiple collection letters. Individuals who were charged eviction fees can collect payments of up to $340 for each time they were charged and paid these fees.
Proof of Purchase
N/A
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
03/08/2021
Case Name
Jasmine Davis v. Tralee Affordable Panther LLC d/b/a Deerfield Crossing Apartments, et al., Case No. 1:19-cv-00349, in the U.S. District Court for the Middle District of North Carolina
Final Hearing
03/22/2021
Settlement Website
Claims Administrator
Davis v. RAM Partners LLC Settlement Administrator
c/o CPT Group Inc.
50 Corporate Park
Irvine, CA 92606
[email protected]
1-888-470-1092
Class Counsel
Edward H. Maginnis
Karl S. Gwaltney
MAGINNIS LAW PLLC
Scott C. Harris
Patrick M. Wallace
WHITFIELD BRYSON LLP
Defense Counsel
N/A
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