HERMAN RAGLAND v MAZDA FINANCIAL SERVICES

MFS’ records show that your vehicle was repossessed and sold by MFS in the state of Ohio after September 6, 2016, and a balance remained on your account after the sale of your vehicle. In connection with the repossession and sale of the vehicle by MFS you were sent certain post-repossession notices that were the subject of this class action.

The Court ordered that you be sent the notice because you have a right to know about the proposed Settlement and your options before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after any objections and appeals are resolved, MFS will make the payments and ensure that the balance eliminations provided for by the Settlement are made.

The notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, and how to get them. The Court in charge of the case is the Cuyahoga County Court of Common Pleas, and the case is known as Herman Ragland v. Mazda Financial Services, Case No. CV 22 968540. Herman Ragland (“Mr. Ragland”) is the individual who filed the class action counterclaim lawsuit.

MFS took assignment of automobile financing contracts of consumers made with automobile dealers. Consumers who failed to timely pay the amounts due to MFS and had their vehicles repossessed and sold by MFS in the state of Ohio received notices regarding the repossession and sale of the vehicle. Mr. Ragland alleges that these notices regarding the repossession and sale of the vehicles, sent by MFS to the consumers, did not comply with Ohio law. However, MFS alleges that the notices were sufficient and in compliance with Ohio law.

In a class action, one or more people called a “Class Representative” (in this case, Mr. Ragland) sued on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” One court resolves the issues for everyone in the Class. Judge Deena R. Calabrese (the “Judge”) is the judge in charge of this class action.

The Court has not decided in favor of Mr. Ragland or MFS. Mr. Ragland believes he would have won at trial and MFS thinks it would have won, but there was no trial. Instead, both sides have agreed to settle this matter. Settlement is favored to avoid the costs of trial and ensure that the Class will be compensated. The Class Representative and Class Counsel think the Settlement is best for all Class Members.

You were sent this notice because MFS’ records show that you fit the definition of a Class Member.

You are in the class if: Your vehicle was repossessed and sold by MFS in Ohio between after September 9, 2016 and you were sent post-repossession notices in connection with the repossession and sale of the vehicle and a balance remained on your account after the sale of your vehicle.

You are not in the class if: You have already reached an agreement with MFS regarding the payment of the account or a reduction of the balance; you are subject to an existing release or judgment that would include the claims at issue; you redeemed your vehicle after repossession for the time period identified; you have filed for bankruptcy after buying the vehicle and obtained a discharge; you are a debtor in a pending bankruptcy; or you send a request for exclusion that is timely received.

MFS has agreed to establish a fund of $138,000.00 (the “Settlement Fund”) for the benefit of class members to pay a class representative incentive payment to Mr. Ragland, and attorneys’ fees awarded by the Judge to Class Counsel.

MFS will waive its right to collect any balance you currently owe to MFS, reducing your account balance to $0, and you will no longer be obligated to pay MFS.

The Court has decided that the following lawyer is qualified to represent you and all Class Members. This lawyer is referred to as “Class Counsel” in this Notice:

Ronald Frederick
Frederick & Berler LLC
767 East 185th Street
Cleveland, Ohio 44119

He is experienced in handling similar cases. More information about this attorney, his practice, and his experience is available at www.clevelandconsumerlaw.com.

Class Counsel has been litigating this case since 2022 and has incurred substantial legal fees to date. Class Counsel will ask the Court to approve payment of an amount not greater than $130,500 to him for attorneys’ fees and expenses, and payment of $7,500 to Mr. Ragland for his services as Class Representative. On or before December 1, 2023, 2023, Class Counsel will file a Motion and a Memorandum in Support detailing their fee request. These pleadings will be available for your review on the Court’s docket at https://cpdocket.cp.cuyahogacounty.us. The fees would pay Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement. No fees and expenses are payable unless the Court finds them reasonable. The fees, expenses, and payments that the Court awards will be paid from the Settlement Fund established by MFS. MFS has agreed not to oppose an award of Class Counsel’s fees and expenses up to this amount.

To object, you must send a letter saying that you object to the proposed MFS settlement in Herman Ragland v. Mazda Financial Services, Case No. CV 22 968540. Be sure to include the case name, case number, your full name, address, telephone number, and a notarized written statement with your signature stating the reason you object to the Settlement along with any legal support for the objection. With your objection, provide copies of any papers, briefs, or other documents upon which your objection is based. Also state whether you or your own counsel intend to appear at the Fairness Hearing. You must also provide a list of all cases where you and/or your counsel have filed objections to class action settlements in the last five years. Any objection must be received by the Court no later than December 5, 2023. Mail the objection to these four different places:

If you do not want to be part of the Settlement, you must send a letter saying that you want to be excluded from the MFS Settlement Class in Herman Ragland v. Mazda Financial Services, Case No. CV 22 968540. You must include your full name, current mailing address, and telephone number. The letter must be personally signed by you and include the statement: “I/we request to be excluded from the proposed MFS class settlement in Herman Ragland v. Mazda Financial Services, Case No. CV 22 968540.” Your request to be excluded must be received by December 5, 2023. You cannot opt out by phone or by email. If you request to be excluded, any co-obligor on your account will also be deemed to be excluded. You must send your opt-out notices to the following four places:

The proposed Settlement must be finally approved by the Court to go into effect. On December 15, 2023, in the Cuyahoga County Court of Common Pleas, a hearing will be held on whether the proposed Settlement should be approved as fair, reasonable, and adequate. The Court is located at 1200 Ontario Street, Cleveland, OH 44113. If there are objections, the Court will consider them. The Fairness Hearing will be limited to argument by counsel for the Parties and argument by any objector or objector’s counsel who have submitted an objection in compliance with this Agreement and the Preliminary Approval Order. The Court may decide how much to pay to Class Counsel. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

No, you do not have to come to the hearing. Class Counsel will answer questions Judge Deena R. Calabrese may have. But you are welcome to come. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was received on time and complies with requirements in this notice, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

If you do nothing and the Settlement is approved by the Court, your account balance will be eliminated, and the three main credit reporting agencies will be asked to delete any reference to a balance owed to MFS. By accepting these benefits, you release your right to bring a lawsuit against MFS relating to your account or vehicle contract or bring a lawsuit against anyone else about the legal issues in this case.

The notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement from the Important Court Documents section. Questions or requests for information should NOT be directed to the Court. Should you have questions that are not answered by the notice, contact the Settlement Administrator at [email protected] or Class Counsel.