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This settlement is closed!
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Property management company Westdale Brentmoor has agreed to pay $1.5 million to end claims it illegally charged its tenants eviction fees.
The eviction fees settlement benefits anyone who lived at a North Carolina property owned or managed by Westdale Brentmoor LLC, doing business as Brentmoor Apartments; Westdale Properties America I LP, also known as Westdale Properties America I Ltd.; and Westdale Asset Management LP, also known as Westdale Asset Management Ltd.
A class action lawsuit alleged the defendants unlawfully charged their tenants complaint filing fees, attorneys’ fees, and sheriff service fees when filing eviction or ejection actions against them.
According to the plaintiff, the defendants also unlawfully issued written threats around the sixth of the month to all tenants who had not made their full rent payment.
The class action lawsuit claimed these actions violated North Carolina’s Residential Rental Agreements Act, Debt Collection Act, and Unfair and Deceptive Trade Practices Act.
The defendants, for their part, deny all these claims and claim a class action certification is not warranted.
The complaint estimates the Class Members could number in the hundreds.
Two Classes have been established in the eviction fees settlement:
- Collection Letter Class: Consists of “natural” persons who at any time between Feb. 28, 2015, and June 25, 2018, resided in any of the North Carolina properties owned or managed by the defendants, and received a letter informing you that you “would either be charged with Eviction Fees upon the filing of a summary ejectment action or that you owe Eviction Fees”
- Eviction Fee Class: Consists of “natural” persons who at any point during that same period resided in any North Carolina properties owned or managed by the defendants and were charged and paid Eviction Fees
Eviction Fee Class Members also are included in the Collection Letter Class.
Members of the Collection Letter Class must file a valid claim form and are eligible to receive up to $50 if they certify they received a collection letter as described above. Class Members may be able to receive up to $150 if they certify they received a collection letter and are able to provide the month and year in which the letter was received. To qualify for the maximum award, consumers must provide specific information and the months and years about at least three collection letters they received.
Members of the Eviction Fee Class do not need to file a claim form, as the defendants’ records will be used to establish how many times Class Members were charged and paid eviction fees during the relevant period.
Each Eviction Fee Class Member is eligible for about $485 for each time they were charged and paid eviction fees. While Eviction Fee Class Members are included in the Collection Letter Class, in order to receive the Collection Letter Class benefits, they must file a claim.
The settlement fund will be distributed to Class Members proportionally after the eviction fees settlement is granted final approval. The exact amount of compensation will be determined after administrative expenses, attorneys’ fees, and other costs are deducted. Awards may be reduced on a pro rata basis, depending on the number of claims filed.
A final hearing is scheduled for May 14, 2021.
The deadline to file a claim, exclude yourself, or object to the eviction fees settlement is April 12, 2021.
Who’s Eligible
Two Classes have been established in the eviction fees settlement:
- Collection Letter Class: Consists of “natural” persons who at any time between Feb. 28, 2015, and June 25, 2018, resided in any of the North Carolina properties owned or managed by the defendants, and received a letter informing you that you “would either be charged with Eviction Fees upon the filing of a summary ejectment action or that you owe Eviction Fees”
- Eviction Fee Class: Consists of “natural” persons who at any point during that same period resided in any North Carolina properties owned or managed by the defendants and were charged and paid Eviction Fees
Eviction Fee Class Members also are included in the Collection Letter Class.
Potential Award
Varies.
- Members of the Collection Letter Class must file a valid claim form and are eligible to receive up to $50 if they certify they received a collection letter as described above. Class Members may be able to receive up to $150 if they certify they received a collection letter and are able to provide the month and year in which the letter was received. To qualify for the maximum award, consumers must provide specific information and the months and years about at least three collection letters they received.
- Each Eviction Fee Class Member is eligible for about $485 for each time they were charged and paid eviction fees. While Eviction Fee Class Members are included in the Collection Letter Class, in order to receive the Collection Letter Class benefits, they must file a claim.
Proof of Purchase
No proof of purchase is necessary.
However, members of the Collection Letter Class must be able to provide the month and year in which the letter was received in order to receive up to $150. To qualify for the maximum award, consumers must provide specific information and the months and years about at least three collection letters they received.
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
04/12/2021
Case Name
Yaqueline Medina, et al. v. Westdale Brentmoor LLC, et al., Case No. 5:19-cv-142-D in the U.S. District Court for the Eastern District of North Carolina, Western Division
Final Hearing
05/14/2021
Settlement Website
Claims Administrator
Medina, et al. v. Westdale Brentmoor LLC, et al.
Settlement Administrator
c/o CPT Group Inc.
50 Corporate Park
Irvine, CA 92606
1-888-416-3246
ncwdblandlordtenantclassaction@cptgroup.com
Class Counsel
Scott Harris
Patrick Wallace
WHITFIELD BRYSON LLP
Edward H. Maginnis
Karl S. Gwaltney
MAGINNIS LAW PLLC
Defense Counsel
Joseph S. Dowdy
Phillip A. Harris Jr.
KILPATRICK TOWNSEND & STOCKTON LLP
Read About More Class Action Lawsuits & Class Action Settlements:
2 thoughts onWestdale Brentmoor Eviction Fees $1.5M Class Action Settlement
Thank you whoever first filed. I remember having to pay because I was one day late due to travel. It was unreal, it felt wrong. Why would one start an eviction process on a faithful tenant. They would only take money orders further complicating payment. Thank you to the people who had the courage to fight and lawyers who represented us, working class people who didn’t deserve threats and overcharging.
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