Frequently Asked Questions

1. What is this lawsuit about?

In the lawsuit, the Plaintiff claims that Monarch Recovery Management, Inc. (“Monarch”) violated the federal Fair Debt Collection Practices Act (“FDCPA”) by sending collection letters to consumers, which made it harder for consumers to dispute their debts.

2. Why is this a class action?

In this action, a person called the Class Representative (in this case, Jacinto Eloisa), sued on behalf of a group (or a “Class”) of people who have substantially similar claims regarding the collection letters sent by Monarch in an attempt to collect a debt.

3. How do I know if I am a part of the Class Action?

The Court has certified a Class consisting of all people who meet the following definition:

(1) all persons in the State of Illinois (2) from whom Defendant attempted to collect a Synchrony Bank/TJX Credit account (3) by mailing a letter substantially similar to the Dunning Letter, which (4) states:

Unless you notify this office verbally or in writing within 30 days after receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will assume that this debt is valid. If you notify this office verbally or in writing within 30 days from receipt of this notice that the debt, or any portion thereof, is disputed, this office will obtain verification of the debt or a copy of the judgement against the consumer and a copy of such verification or judgement and mail it to you. If you request this office verbally or in writing within 30 days of receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.

(6) sent between April 12, 2020, and April 12, 2021.

Monarch estimates that, based on its electronic records, there are approximately 331 people in the Class. According to Monarch’s records, you are a Class member.

YOUR BENEFITS UNDER THE CLASS ACTION

4. What can I get from this Class Action?

If you submit a claim form, you will be entitled to a pro rata (an equal) share of the Class Recovery funds. Plaintiff is seeking a Class Recovery of at least $8,400.00, which would entitle each Class Member to a minimum of $25.37 if all potential Class members opt-in to the Class. If less than all potential Class Members opt-in, you may receive more.

5. When will I receive these benefits?

You will receive these benefits approximately 60 days after the Court enters a Final Order, awarding the class any monetary Class Recovery. This estimation is premised on the assumption that no appeals are filed.

6. What am I giving up to receive these benefits?

By staying in the Class Action, all of the Court’s orders will apply to you, and you will be bound by the result in the Class Action. This means that you will only be entitled to receive whatever the Court decides to award the class, if anything is ultimately awarded by the Court. You will give up the right to sue or be part of any other lawsuit against Defendant about the claims or issues in this lawsuit with respect to the collection letters at issue in the Complaint.

7. How much will the Class Representative receive?

The Plaintiff is seeking payment up to $3,000.00 as an incentive award for serving as the class representative, and his pro rata share of the class recovery. Plaintiff’s incentive award will be paid separately from the Class Recovery and will not diminish any Class Members recovery. These payments are subject to the Court’s Approval and Award of such monetary amounts.

8. How do I Opt-In to the Settlement?

To include yourself in this settlement, you must return the attached claim form by mail. Be sure to include your name, address, telephone number, and your signature. You must mail your claim form so that it is postmarked no later than August 9, 2024, to:

Eloisa v. Monarch Recovery
c/o Simpluris
P.O. Box 25226
Santa Ana, CA 92799

9. If I Do Not Send in a Claim Form, Do I Still Receive Benefits from This Settlement?

No, you will not receive anything resulting from the settlement.

10. Who is Representing Me in This Case, How Will They Be Paid?

The Lawyers Representing You

The Court has appointed Community Lawyers, LLC and Great Lakes Consumer Law Firm, LLC to serve as Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense. If you choose to hire your own lawyer, he or she must file an appearance by August 9, 2024.

How will Lawyers Be Paid

Plaintiff’s lawyers will be seeking reasonable attorneys’ fees, costs, and expenses from the Court. Any award for attorneys’ fees, costs, and expenses will be in addition to, and shall in no manner reduce the amount of the benefits due to the class. The attorneys’ fees and costs will be paid by Monarch and will not be taken out of the Class Recovery fund.

11. How Do I Get More Information?

For More Information

If you have any questions or seek more information, contact Class Counsel at:

Community Lawyers, LLC
980 N. Michigan Ave.
Suite 1400
Chicago, IL 60611
(312) 757-1880

DO NOT ADDRESS ANY QUESTIONS ABOUT THE LITIGATION TO THE CLERK OF THE COURT OR TO THE JUDGE

They are not permitted to answer your questions.