TIFFANY HINSLEY v CREDITBOX.COM, LLC Settlement

Plaintiff Tiffany Hinsley filed this class action lawsuit against Defendant CreditBox.com, LLC.  The lawsuit concerns loans made by CreditBox between February 9, 2017 and December 31, 2017.  Plaintiff alleges that these loans included fees prohibited by the New Mexico Small Loan Act.  Plaintiff claims that the people who took out these loans are entitled to damages.  Defendant denies these allegations.  The lawyer representing Plaintiff and the class is Nicholas Mattison, who works at the consumer protection law firm Feferman, Warren & Mattison, 300 Central Ave SW, Ste. 2000W, Albuquerque, NM 87102, (505) 243-7773, www.nmconsumerwarriors.com.

The Court has now ruled that Plaintiff is the representative of the following group, or “class” of people, for the purposes of settlement: “All persons who, starting four years prior to the filing of the Lawsuit (February 9, 2017) and ending on December 31, 2017 (“Class Period”), were residents of New Mexico when they entered into loans with and provided debit authorizations to CreditBox and who received disbursements during the Class Period, as reflected in the Class List.”  You are one of the people in the class. 

Now, the parties have negotiated a settlement in the amount of $584,491.  If approved by the Court, class members will receive checks as described below.  Plaintiff will also use the cash portion of the settlement amount to pay her attorneys’ fees, litigation costs, costs of class administration (such as the cost of sending this notice and distributing checks), and applicable taxes.  Plaintiff plans to request that the Court approve payment of $116,898.20 to cover attorneys’ fees, $8,913.49 for taxes, $3,197.35 to cover costs other than administration, plus $14,676 to cover costs of administration.  Plaintiff will also request the Court to approve payment of a service award of $5,000 for Ms. Hinsley, reflecting her work in this case.  The remaining $435,805.96 will be divided between class members who paid any amounts above principal to CreditBox.  Not all class members will receive a check – only those who paid back more than principal.  Class members who receive a check will receive an estimated 46% of the amount they paid above principal.  Payments will range from $20 (the minimum payment) to $4,215.30.  The average payment will be $682.01.  All class members, including those who do not receive checks, will receive other benefits.  CreditBox has agreed to forgive the outstanding debts of all class members, and to delete any negative credit reporting.  The value of the debt forgiveness is $2,616,236.84.

Plaintiff has litigated this case for three years and did her best to get as much as possible for the class.  Plaintiff strongly believes that the proposed settlement is in the best interest of class members, and that there is a substantial possibility that the class would receive less were the case to continue without settlement.

You are a member of the class, who will be entitled to receive the benefits described above, as applicable.  The notice explains the nature of the lawsuit and informs you of your legal rights.

IN ORDER TO OBTAIN THE BENEFITS OF THIS LAWSUIT, YOU DO NOT HAVE TO DO ANYTHING.  However, if the notice was forwarded by the Postal Service, or if it was sent to you at an address which is not current, you should immediately contact the class administrator named below, stating your past and current addresses.  If you move from this address, you should send notice of your new address again. 

If the person to whom the letter was sent has died, please contact the class administrator, explaining who is entitled to the payment, and include any supporting documentation.

Contact information for class administrator, to contact regarding change of address or deceased class member: Hinsley v. Creditbox.com, PO Box 23309, Jacksonville, FL  32241-3309.

You have three choices:  (1) accepting the settlement, (2) excluding yourself from the settlement, or (3) objecting to the settlement.

1. Accepting the Settlement.  IF YOU WISH TO TAKE PART IN THE SETTLEMENT, YOU DO NOT HAVE TO DO ANYTHING.  If you take part in the settlement, you will be bound by the settlement. You will receive the benefits described above, including a check if applicable.  However, it also means that you will release any claims you may have against Defendant relating to the transactions in this lawsuit.  Plaintiff’s attorneys represent you, but you will not need to pay the attorneys any money out of your pocket.  These attorneys will request that the Court award attorney fees and costs to be paid from the settlement proceeds.  The Court will hold a final approval hearing on November 5, 2024, at 10:00 A.M. at the First Judicial District Court, 225 Montezuma Ave. Santa Fe, NM 87501, before the Honorable Kathleen McGarry Ellenwood to determine whether to approve this settlement.  If you take part in the settlement and do not object to it, you do NOT have to appear at the hearing.

2. Excluding yourself from the Settlement.  If you exclude yourself from the settlement, you will not receive any benefits, including any check if applicable.  You will not be bound by the settlement, and you will keep your individual right to sue Defendants on the claims raised in this litigation.  If you exclude yourself, you cannot also object to the settlement.  If you want to exclude yourself from the settlement, you must file a request to be excluded in writing.  The request must contain: (a) your full name, address, and daytime telephone number; (b) an identification of this case by name and case number (shown at the top of this notice); (c) a statement that you want to be excluded from the class and the settlement; and (d) your signature.  You must, no later than November 1, 2024, file your request to be excluded from the class with the First Judicial District Court, 225 Montezuma Ave. Santa Fe, NM 87501 and also mail a copy of it to Plaintiff’s counsel, Nicholas H. Mattison, Feferman, Warren & Mattison, 300 Central Ave SW, Ste. 2000 West, Albuquerque, NM 87102.  If your request to be excluded is not postmarked on or before November 1, 2024, it will not be considered by the Court and you will remain a class member.

3. Objecting to the Settlement.  You have the right to object to the proposed settlement, and also to the proposed relief to class members, the proposed award of attorneys’ fees, taxes, and costs, and the proposed service award.  If you object to the settlement, you must submit your objection in writing.  You must, no later than November 1, 2024, file your objection with the First Judicial District Court, 225 Montezuma Ave. Santa Fe, NM 87501 and also mail a copy of it to Plaintiff’s counsel, Nicholas H. Mattison, Feferman, Warren & Mattison, 300 Central Ave SW, Ste. 2000 West, Albuquerque, NM 87102.  Any objection must include (a) your full name, address, and daytime telephone number; (b) an identification of this case by name and case number (shown at the top of this notice); (c) if you plan to appear through counsel, counsel’s name, address and phone number; (d) a detailed statement of the specific legal and factual bases for each and every objection, and, if through counsel, a legal memorandum in support of the objection; (e) a list of any witnesses, along with the expected testimony of each such witness, and photocopies of exhibits which the objector intends to introduce at the final approval hearing; and (f) your signature.  If your objection is not postmarked on or before November 1, 2024, it will not be considered by the Court.  IF YOU DO OBJECT, YOU ALSO MUST APPEAR AT THE HEARING ON November 25, 2024.

This description of the case is general and does not cover all of the issues and proceedings so far.  In order to see the complete file, you should contact the office of the Clerk of Court.  The Clerk will make the files relating to this lawsuit available to you for inspection and copying at your own expense.

If you have questions you should contact the attorney or class administrator listed above.  DO NOT CONTACT THE CLERK OF THE COURT OR THE JUDGE WITH QUESTIONS.  They are not permitted to answer your questions.

For more information please email: [email protected].

To change your name due to marriage, divorce, or court order, two documents are required. They are: (1) a copy of your marriage license, divorce decree or court order; and (2) a copy of your state-issued ID with the current name and address.

Documents should be submitted to the settlement administrator by email at: [email protected]. 

In your email, please provide the name and address of the original payee located on the Notice or check you received, the Notice ID, a good contact telephone number, and the name and address of the new payee that you would like on the replacement Notice or replacement check.

If you do not have email, you can submit the required documents by mail to Hinsley v. Creditbox.com, PO Box 23309, Jacksonville, FL  32241-3309.

If the Settlement Class Member has died, three documents are required for a name change. They are: 1) A Copy of the death certificate, 2) Documentation providing evidence to show the new payee as legal beneficiary – which could be a will, estate documentation, etc., and 3) a completed W-9 which may be obtained from the IRS’s website (IRS.Gov).  The documentation will be reviewed when received and we may reach out to you with additional questions, if necessary.

Documents should be submitted to the settlement administrator by email at: [email protected]. 

In your email, please provide the name and address of the original payee located on the Notice or check you received, the Notice ID, a good contact telephone number, and the name and address of the new payee that you would like on the replacement Notice or replacement check.

If you do not have email, you can submit the required documents by mail to Hinsley v. Creditbox.com, PO Box 23309, Jacksonville, FL  32241-3309.