Frequently Asked Questions
[expand title=”1. Why am I getting this Notice?”]
You are part of a Class Action Settlement in a case brought by four consumers against the law firm Mullooly, Jeffery, Rooney, & Flynn, LLP (the “Law Firm”), a process serving company called Gotham Process, Inc., and individual process servers, Carl Bouton and Bassem Elashrafi (the “Defendants”). This case is on behalf of all consumers like you who:
• had a case filed against them in 2016 or later in New York City Civil Court by the Law Firm on behalf of a company that asserted you owed money to it, and
• in that case Carl Bouton or Bassem Elashrafi said that he handed the court papers to your relative.
This case is about whether Defendants’ actions were lawful or unlawful. Both sides have agreed to a Settlement. Right now, the lawyers are proposing the Settlement. After hearing from Class Members like you, the Court will decide whether to approve the Settlement. You are getting the Notice so that you may decide what steps you wish to take with the proposed Settlement.
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[expand title=”2. If the Settlement is approved and I don’t opt out, what would I get?”]
Money: You will get a payment of at least $200 if you file a Claim Form. The exact amount of money that you will get depends on how many Class Members respond to the Notice.
Refund: If you paid money to the law firm Mullooly, Jeffery, Rooney, & Flynn, LLP in connection with your case, you will get a partial or full refund of your payments in addition to the $200 payment. The exact amount of refund that you will get depends on how many Class Members respond to the Notice and how much money, if any, was collected from you. Please look at the first two pages of the Notice to see whether records show any money was collected from you and, if so, how much.
No More Collections from the Law Firm: The Law Firm has agreed to stop collecting on your case and (if applicable) the judgment that was entered against you— forever.
Other Relief is Likely: The company that owns your debt/judgment will probably stop collecting from you (but if that doesn’t happen, you keep all your rights to challenge that collection). Plus, it is likely that the Law Firm will take steps to end the case against you or vacate (cancel) or satisfy (consider fully paid) the judgment against you—but if that doesn’t happen, you keep all your rights to dismiss the case or vacate the judgment.
The lawyers representing the Class believe that this is a good Settlement and will give valuable benefits to you and the other Class Members.
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[expand title=”3. How much money would I get?”]
If you submit a Claim Form by October 26, 2023 and do not opt out, you will get a payment from the Settlement of at least $200, and possibly substantially more.
First, we will distribute $200 each to every Class Member who fills out a valid Claim Form. Then, we will take the remaining money and divide it among the Class Members who paid money in connection with their case/judgment. If there is enough money, everyone will get a full refund; if not, then everyone will get a partial refund that is the same percentage of what they paid. If we have given everyone $200 and given everyone who paid money a full refund and there is still money left over, then we will divide the remainder evenly among everyone who filled out a valid Claim Form.
• It might take a while to get a payment, perhaps more than a year, because of the legal processes for getting the Settlement approved. Please be patient.
The Settlement Fund will also be used to pay: the four consumers who brought this case (up to $16,000); the costs of administering this Settlement (sending the Notice, processing Claim Forms, etc.) (approximately $25,000-$30,000); and the lawyers who brought this case (up to $450,000).
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[expand title=”4. What do I do if I think the records show the wrong amount was collected from me?”]
The first two pages of the Notice shows the amount of money, if any, that the Law Firm’s records show was collected from you. We will use this amount to calculate your refund payment. If you think this amount is wrong, or you think that you paid money and the law firm’s records show that you did not pay money, please contact 1-888-233-2228.
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[expand title=”5. Do I have a lawyer in the case? How will the lawyers be paid?”]
The lawyers representing the Class Members are the New York Legal Assistance Group (NYLAG), a non-profit legal services organization. You can learn more about NYLAG by visiting www.nylag.org or reading the flyer. You do not have to pay for these lawyers, and you do not need to hire your own lawyer in order to participate as a Class Member. The lawyers have not yet been paid for their work on this case. The lawyers will apply to the Court for an award of up to $450,000, which is one-third of the Settlement amount. The Court will decide whether to pay Class Counsel this full amount. If you want to be represented by your own lawyer, you may hire one at your own expense.
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[expand title=”6. Why do those lawyers think this is a good Settlement?”]
The lawyers representing the Class Members think this is a good Settlement because Defendants are paying a substantial amount of money—$1.35 million— most of which will be distributed to Class Members like you. Every Class Member who fills out a Claim Form, including you, will get a substantial payment of at least $200. Plus, importantly, as part of the Settlement, the Law Firm has agreed that it will not collect any more money from the Class Members, and it is likely that the companies who own the debts/judgments will stop collecting on them and that the cases will be dismissed and judgments will be vacated or satisfied.
Additionally, there are benefits from the lawsuit that would help many New Yorkers. Although the Defendants deny any wrongdoing, the two individual process server defendants have agreed never to serve process again. Gotham Process Inc. has agreed to change certain practices regarding service of process. The Law Firm has ceased and will not resume doing business with Gotham Process Inc, Carl Bouton and Bassem Elashrafi.
If the Parties did not enter this Settlement, it could take years for the case to finish, and Defendants could continue collecting on the cases and judgments during this time.
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[expand title=”7. What should I do if someone tries to collect on the judgment against me after the Settlement is finally approved?”]
Under the Settlement, the Law Firm, Mullooly, Jeffery, Rooney, & Flynn, LLP, is not allowed to collect on your case or judgment if the settlement is finally approved. In addition, under the Settlement, the company that owns your debt/judgment will probably stop collecting—but if it does not stop collecting, you would keep all your rights to challenge any future collection.
If someone collects against you in the future and you need help understanding your rights under the Settlement, you may contact the lawyers for the Class, who can advise you at no charge, by calling 1-888-233-2228.
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[expand title=”8. What does it mean that the case against me will probably be dismissed, the judgment against me will probably be vacated or satisfied, and the owner of my debt or judgment will probably stop collecting on me forever?”]
If the Settlement is finally approved and you do not opt out, the Settlement will definitely provide you some important benefits, including a payment of at least $200 if you fill out a Claim Form on time, and the Law Firm Defendant, Mullooly, Jeffery, Rooney, & Flynn, LLP will stop collecting on the case or judgment against you forever.
Additionally, the case against you will probably be dismissed or the judgment against you will be vacated or satisfied, and the company that owns the debt/judgment will probably stop collections concerning your debt that is the subject of your case/judgment forever. This can only happen if the companies who own your debt and (if you have one) the judgment against you decide to cooperate regarding your case/judgment. We expect that those companies will want to cooperate, but, since those companies are not formally part of this lawsuit, the Settlement can’t require them to cooperate. If those companies insist on keeping the right to collect against you, then you would keep all your rights to challenge that collection against the companies. If you face collection on the case or judgment against you in the future and need help understanding your rights under the Settlement, you may contact the lawyers for the Class, who can advise you at no charge, by calling 1-888-233-2228.
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[expand title=”9. What happens if the Settlement is not approved?”]
If the Settlement is not approved, the case will go forward in Court. No one will get any money from the Settlement and Defendants may continue to collect money from Class Members, including you. If the case kept going, the Defendants might win, and Class Members would get nothing at all. Or the Class Members might win, and get more money than what they would get under this Settlement. It is impossible to predict.
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[expand title=”10. When and where will the Court decide whether to approve the Settlement?”]
The Court will hold a Fairness Hearing at the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York, Courtroom N6E on November 16, 2023 at 10:30 am. to decide whether to approve the Settlement. Class Members may also attend the Fairness Hearing virtually, via telephone conference, by calling (646) 828-7666 and using meeting ID 160 890 5477 and Passcode 534073. Any Class Member, including you, can attend the hearing to say what you think. You do not need to attend the Fairness Hearing to benefit from the Settlement or receive a payment, but you can go if you want to. It is completely up to you. If you want to speak at the Fairness Hearing to object to the Settlement, you need to submit a written objection by October 26, 2023 by following the instructions below. If you want to speak about anything else at the Fairness Hearing, you need to sign up by October 26, 2023 by contacting Gotham Settlement, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164 or sending an email to GothamSettlement@atticusadmin.com and explaining what you want to say. Anyone can attend the Fairness Hearing, and to attend you don’t need to sign up in advance.
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[expand title=”11. How do I submit a Claim Form, opt out, or object to the Settlement?”]
Submitting a Claim Form is the only way to get money from the Settlement! You can submit a Claim Form online. If you want to submit a Claim Form and cannot access the online form, please contact 1-888-233-2228.
To opt out of the Settlement, you must send a letter stating that you want to opt out of the Settlement in Burks v. Gotham Process Inc., et. al., No. 20 Civ. 1001. You must include your name, address, telephone number, email address, and physical or electronic signature. Your opt-out request must be postmarked no later than October 26, 2023 and sent to the following address: Gotham Settlement, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164 or emailed to GothamSettlement@atticusadmin.com.
To object, you must send a letter with: your name, address, telephone number, email address, and physical or electronic signature; a statement saying that you object to the Settlement in Burks v. Gotham Process Inc., et. al., No. 20 Civ. 1001; the reasons you object; and whether you want to speak at the Fairness Hearing. Your objection must be postmarked no later than October 26, 2023 and sent to the following address: Gotham Settlement, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164 or emailed to GothamSettlement@atticusadmin.com.
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[expand title=”12. How can I get more information?”]
The Notice summarizes the proposed Settlement. If you have any questions about the Notice or the Settlement, you should not contact Defendants. Instead, please contact Gotham Settlement, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164, by email at GothamSettlement@atticusadmin.com or by phone 1-888-233-2228.
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