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This settlement is closed!
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Apartment management company ECI Group has agreed to a $2.4 million settlement to end claims the company did not return tenants’ full security deposit due to alleged damage.
The Class is made up of anyone who rented an ECI apartment in Georgia at any point between May 19, 1997, and June 30, 2018, and who provided a security deposit, vacated the apartment between those same dates, and did not receive a full or partial refund of their deposit within a month of their lease terminating due, in whole or in part, to alleged property damage.
Plaintiffs in a class action lawsuit claimed ECI violated Georgia’s security deposit law with a company policy of withholding all or part of departing tenants’ security deposits.
Specifically, the class action lawsuit alleged, the defendants are required to inspect an apartment after a tenant moves out, make a list of damage to the premises, and provide that list to the tenant within three business days. The tenant’s counterinspection must be done within five business days of occupancy termination.
This counterinspection allows tenants to review the accuracy of the defendants’ list of damage, put together their own evidence, and dispute the list’s accuracy.
If the tenant fails to dispute any item on the list, Georgia law says they lose their rights to contest those alleged damages in court, the complaint said. The defendants allegedly know this and work against tenants by not sending the list until after the time has passed for the tenants to conduct their own inspection, and thereby denying them the ability to get their security deposit back.
The class action lawsuit also accused ECI Subsidiaries of failing to maintain adequate bookkeeping.
Allegedly, all money paid to ECI Subsidiaries is sent to intermediate subsidiaries and ultimately to ECI Group and ECI Management. The plaintiffs believe the purpose of creating “ECI Group and ECI Management as separate legal entities is to shield ECI Group and ECI Management and the ECI subsidiaries from legal liability and to shield assets to prevent them from being collected upon by creditors.”
ECI Group builds, acquires, renovates, owns, and manages multifamily properties, according to its website. The company, which has been in business about 40 years, owns more than 10,000 units in the southeast United States, with regional offices in Florida and Mississippi.
The class action lawsuit estimates there are “hundreds, if not thousands” of eligible Class Members.
According to the complaint, the defendants operate 15 apartment complexes comprising more than 3,000 units in Georgia, and ECI Group’s regular business records “will readily reveal the exact number of Class Members.”
In order to benefit from this settlement, Class Members must file a claim form either online or by mail.
The deadline to file a claim, object to or opt out of the ECI group security deposit settlement is March 1, 2021.
A final hearing is scheduled for May 20, 2021.
Who’s Eligible
Anyone who rented an ECI apartment in Georgia at any point between May 19, 1997, and June 30, 2018, and who provided a security deposit, vacated the apartment between those same dates, and did not receive a full or partial refund of their deposit within a month of their lease terminating due, in whole or in part, to alleged property damage.
Potential Award
Varies.
- Class Members’ awards will vary and be capped at the total amount of their security deposit.
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
03/01/2021
Case Name
Nichon Roberson, et al. v. ECI Group, et al., Case No. 17-A-64506-4 in the State Court of Dekalb County, State Of Georgia
Final Hearing
05/20/2021
Settlement Website
Claims Administrator
Roberson v. ECI Group Inc. Settlement Administrator
P.O. Box 43501
Providence, RI 02940-3501
1-844-926-1527
Class Counsel
Naveen Ramachandrappa
BONDURANT MIXSON & ELMORE LLP
Defense Counsel
David Carpenter
ALSTON & BIRD LLP
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