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Frequently Asked Questions


  1. Who is a Settlement Class Member?
  2. What are the terms of the proposed Settlement?
  3. What is the breakdown of the Settlement Fund?
  4. How will Payment to Settlement Class Members be made?
  5. What happens now that Notice has been mailed?
  6. What are your options?
  7. How do I Object to the settlement?
  8. What claims will be released by this Settlement?
  9. Where can I get more information?

 



  1. Who is a Settlement Class Member?

    You are a Settlement Class Member if you were or are a Chase or Bank One Circuit City Rewards Credit Cardholder with a California billing address who made a promotional or deferred-interest purchase at Circuit City and who, as a result of payments or credits being allocated first to the promotional or deferred-interest balance, before the regular purchase balance, paid more in finance charges than you would have paid if the payments or credits had first been applied to the regular purchase balance between May 26, 2004 and June 5, 2014.

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  2. What are the terms of the proposed Settlement?

    The complete terms of the proposed settlement are set forth in a formal Stipulation and Agreement of Settlement (the "Agreement" or the "Settlement") proposed by Plaintiff Castillo. The Agreement is on file with the Court and is available here on the Court Documents tab above. The Notice is only a summary of the Agreement, and in case of any conflict or inconsistency between this Notice and the Agreement, the terms of the Agreement will control. The Agreement, if approved, would resolve all of the claims alleged in the Lawsuit.

    The Settlement benefits are summarized below.

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  3. What is the breakdown of the Settlement Fund?

    Chase has agreed to pay $5,500,000 for the benefit of Settlement Class Members. This money will be used: (1) to pay the costs of notice and administering the Settlement; (2) to pay Settlement Class Counsel's attorneys' fees and litigation expenses and to pay service awards to Plaintiffs; (3) to make payments to Settlement Class Members (described below); and (4) to pay any residual balance of the Settlement Fund, if any, to a charitable organization or organizations.

    Counsel for Plaintiffs and the Settlement Class will ask the Court to award them up to $1,500,000 in fees and costs and to award the two Plaintiffs service awards of $5,000 each (for a total of $1,510,000 in fees, costs and service awards). The Court will determine the appropriate amount of the awards to be paid from the Settlement Fund. The Settlement is not conditioned upon approval of any of the attorneys' fees, costs or service award amounts. Class Counsel will also file a motion for an award of attorneys' fees no later than twenty (20) days before the deadline to object, as set forth below. A copy of the motion can be obtained from the Settlement Administrator, and will be available on this website when it is filed.

    Based on the size of the Settlement Class and the estimated expenses and fees paid from the Settlement Fund, each Settlement Class Member likely will receive a check for at least $8.

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  4. How will Payment to Settlement Class Members be made?

    If the Settlement is approved by the Court, Settlement Class Members will automatically receive payment, which will be mailed to them by the Settlement Administrator. There is no requirement to submit a claim form or take any further action on your part, but please update the Settlement Administrator by email at info@circuitcityrewardscardsettlement.com, or writing to Davis v. Chase Bank, USA, N.A., c/o Gilardi & Co. LLC, P.O. Box 8090, San Rafael, CA 94912-8090, if your address changes.

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  5. What happens now that Notice has been mailed?

    The Court will hold a "Final Fairness Hearing" on October 27, 2014, at 11:00 a.m. at the United States District Court, Central District of California, 312 Spring Street, Courtroom #3, Los Angeles, CA 90012, to hear any objections and to consider whether to give final approval to the Settlement. The Court will only hear objections at the hearing from those who timely object to the Settlement (see below). You may participate in the Final Fairness Hearing with or without an attorney, but if you choose to be represented by an attorney you must do so at your own expense. YOU DO NOT HAVE TO APPEAR AT THE HEARING TO RECEIVE THE BENEFITS OF THE SETTLEMENT. 

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  6. What are your options?

    Participate in the Settlement

    If you wish to remain a part of the Settlement Class and are entitled to a payment, a check will automatically be mailed to you after the Settlement becomes Final. You must negotiate any payments within one hundred eighty (180) days of the date indicated on the check. Based on the size of the Settlement Class and the estimated expenses and fees paid from the Settlement Fund, each Settlement Class Member likely will receive a check for at least $8.

    Opt Out of the Settlement

    You may exclude yourself from the Settlement. If you choose to exclude yourself, or "opt out," you must send a written statement to the Settlement Administrator that includes: (1) your full name; (2) your address; (3) the last four digits of your Chase credit card account number(s); (4) a sentence certifying that you are a Settlement Class Member; and (5) the following statement: "I request to be excluded from the class settlement in Davis v. Chase Bank, USA, N.A., United States District Court, Central District of California, Case No. 2:06-CV-04804-DDP-PJW." You must personally sign your written "opt-out" statement and mail it postmarked by
    September 18, 2014 to the following address:

    Davis v. Chase Bank, USA, N.A.

    c/o Gilardi & Co. LLC

    P.O. Box 8090

    San Rafael, CA 94912-8090

    If you do not opt out, you will be bound by this Settlement.

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  7. How do I Object to the settlement?

    You may remain a Settlement Class Member, but object to the terms of the Settlement. You may object to all or any portion of the Settlement at the Final Fairness Hearing, but you must first explain your objections in writing. All objections must include: (i) your name, address and telephone number; (ii) the last four digits of your Circuit City Rewards Credit Card account number(s); (iii) a sentence certifying you are a Settlement Class Member; (iv) the factual basis and legal grounds for the objection to the Settlement; (v) the identity of witnesses whom you may call to testify at the Final Fairness Hearing; (vi) copies of exhibits you may seek to offer into evidence at the Final Fairness Hearing; (vii) a sentence certifying that you have not been promised anything in return for objecting; and (viii) your personal signature. To be considered, objections must be: (1) mailed to the lawyers handling the case for each side postmarked by September 18, 2014; and (2) filed with the court no later than September 18, 2014. The Addresses are:

    Counsel for Plaintiff: Counsel for Chase: The Court:
    Drew Pomerence, Esq.  Julia B. Strickland, Esq. and Stephen J. Newman, Esq. Clerk, United States District Court
    Roxborough, Pomerance, Nye & Adreani, LLP Stroock & Stroock & Lavan LLP Central District of California
    5820 Canoga Avenue 2029 Century Park East, Suite 1600 312 Spring Street, Courtroom 3
    Woodland Hills, California 91367-6549 Los Angeles, California, 90067 Los Angeles, California 90012

    You have the right to consult with your own attorney, at your own expense, before deciding how best to proceed. 

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  8. What claims will be released by this Settlement?

    If the Settlement receives final approval from the Court, the Settlement will be legally binding on all Settlement Class Members, including Settlement Class Members who object. This means that, you will be barred from pursuing the claims released by the Settlement unless you validly "opt out" as described above. The full terms of the release, which will bind all Settlement Class Members as to certain claims against Chase and certain affiliates and related entities, are set forth in the Agreement which is on file with the Court and available at the Case Documents tab above. The Release provides that as of the Effective Date, Plaintiffs and each Settlement Class Member, their respective heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors-in-interest, assigns and all persons acting for or on their behalf, will be deemed to have fully, finally and forever released the Released Parties from all Claims, as described in Section 2.10 of the Agreement. Without limiting the foregoing, the Claims released specifically extend to Claims that Settlement Class Members do not know or suspect to exist in their favor as of or prior to the Effective Date.

    The Release constitutes a waiver of Section 1542 of the California Civil Code and any similar or comparable provisions, rights and benefits conferred by the law of any state or territory of the United States or any jurisdiction, and any principle of common law. Section 1542 of the California Civil Code provides:

    A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

    Plaintiffs and each Settlement Class Member are deemed to understand and acknowledge the significance of these waivers of California Civil Code Section 1542 and/or of any other applicable law relating to limitations on releases. In connection with such waivers and relinquishment, Plaintiffs and each Settlement Class Member are deemed to have acknowledged that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they now know or believe to be true with respect to the subject matter of the Settlement, but that they release fully, finally and forever all Claims, and in furtherance of such intention, the Release will remain in effect notwithstanding the discovery or existence of any such additional or different facts. The Parties acknowledge (and all Settlement Class Members by operation of law will be deemed to have acknowledged) that the release of unknown Claims as set forth herein was separately bargained for and was a key element of the Settlement.

    In summary, you will release all Claims that were alleged (or that could have been alleged based on the same or similar facts and circumstances, whether known or unknown) in the Lawsuit. YOU WILL NOT BE PERMITTED TO FILE OR CONTINUE ANY LAWSUIT CHALLENGING ALLOCATION OF PAYMENTS ON CIRCUIT CITY REWARDS CREDIT CARD ACCOUNT BALANCES.

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  9. Where can I get more information?

    If you have questions regarding the Settlement, contact the Settlement Administrator at info@circuitcityrewardscardsettlement.com or by writing to:

    Davis v. Chase Bank, USA, N.A.

    c/o Gilardi & Co. LLC

    P.O. Box 8090

    San Rafael, CA 94912-8090

    You may also review the Court's file during regular court hours at:

    U.S. District Court, Central District of California

    312 Spring Street

    Los Angeles, CA 90012

    PLEASE DO NOT TELEPHONE THE COURT, THE JUDGE, OR THE CLERK OF THE COURT.

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