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Class Actions

IMPORTANT NOTE:

This website has been developed to provide general information to potential class members on a number of class actions that have been commenced by Paliare Roland Rosenberg Rothstein LLP.

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Paliare Roland Rosenberg Rothstein LLP. The court will ultimately decide who will be included as a class member.

UPDATE

We are pleased to report that on Thursday, December 15, 2011, the court certified this action as a class proceeding and approved the settlement of this action. The order of Justice Perell can be viewed here.

In  early 2012, all Class Members should receive in the mail three documents:

  1. a notice (can be viewed here) to let you know that the action has been certified as a class proceeding and that the settlement was approved by the court;
  2. a voucher in the amount of  $35 which may be used to pay for any of Cash Money's services; and 
  3. a claim form (can be viewed here) which you must fill out  and return to the claims administrator if you want to receive  part of the cash settlement fund.

Each class member will be entitled to receive up to a maximum of $250. The total amount you receive will depend on how many Class members apply to participate in the cash settlement. If you currently owe money to Cash Money, and you apply for part of the cash settlement, your portion of the settlement will be used towards paying back that debt.

You do not need to take any steps right now, the documents will all be mailed to you.

If you do not wish to be bound by the certification of this action as a class proceeding, and do not wish to participate in the settlement, you must send a written opt out notice to:

Cash Money Settlement Administrator
PO Box 4175
Toronto Station A
Toronto, ON M5W 0E6

Your opt out notice must be received by the Claims Administrator by no later than March 15, 2012, or it will not be valid, and you will be bound by the terms of the Settlement Agreement.

Do Not Opt Out if you want to Participate in the Settlement.

If your mailing address changes, or if you have any other questions, please contact the claims administrator, Epiq Systems, at 1 (888) 266-9419.

 

CASH MONEY CHEQUE CASHING INC. CLASS ACTION

A proposed class action has been launched on behalf of payday loan borrowers against Cash Money Cheque Cashing Inc. (“Cash Money”). The claim can be read here.

This claim only relates to payday loans taken within the dates set out below.

The claim alleges that the interest charged on certain payday loans offered by Cash Money violated section 347 of the Criminal Code of Canada. You may be eligible to participate in the class action if you obtained a payday loan from Cash Money:

  1. in Manitoba between June 16, 2009 and October 17, 2010;
  2. in New Brunswick between June 16, 2009 and the date of certification of this action as a class proceeding;
  3. in Nova Scotia between June 16, 2009 and July 31, 2009; and
  4. in Ontario between June 16, 2009 and December 14, 2009.

The plaintiff and defendants have entered into a tentative settlement.  If approved by the court, the settlement will allow each class member to receive a pro-rata share of a $1,350,000 settlement fund; and each member will be sent a $35 voucher, as well.  Click here to see the Notice of Proposed Settlement. 

A hearing to decide if the settlement will be approved is scheduled for December 15, 2011 at the courthouse at 130 Queen St. W, Toronto.

If you would like further information, please contact:

Paliare Roland Rosenberg Rothstein LLP
250 University Avenue, Suite 501
Toronto, ON M5H 3E5

Attn: Cash Money Class Action

 

Prior Action

Previously, a class action was brought against Cash Money regarding payday loans obtained on or before June 15, 2009. That matter is now complete. The Settlement of this action was approved by the Superior Court of Justice on June 15, 2009.

The deadline for participating in the settlement expired on March 15, 2010.

General Information on Class Proceedings

A class action is a lawsuit in which a representative plaintiff sues on behalf of a class of people who have similar claims.

Class members are not liable to pay any court costs if the action is unsuccessful. Legal fees are paid to counsel for the class on a contingency basis. This means that the legal fees are paid only if the lawsuit is resolved in favour of the class, either by settlement or judgment. If that happens, the fees will be paid out of the proceeds; but only after the amount is approved by the court.

You do not have to do anything to participate in the class action. If the class action is certified, you will automatically become a class member, and notice of certification will be published in a manner approved by the court. The notice of certification will also include instructions regarding what you have to do, if you choose to opt out of the action. Anyone who chooses to “opt out” of the class action is not bound by any settlement or judgment, and does not receive any of the proceeds of the action if it is successful.

For more information about class actions, please see the “frequently asked questions” page on our website:

http://www.paliareroland.com/classactions.asp.