FREQUENTLY ASKED QUESTIONS

1. WHY DID THE COURT AUTHORIZE ISSUANCE OF THE NOTICE?

The Notice is given to inform you that: (1) a class action lawsuit is pending in the United States District Court for the District of Nevada entitled, ALFONSO V. WILLIAMS & ASSOCIATES, ET AL., Case No. 2:22-CV-00206-CDS-EJY; (2) you may be a Settlement Class Member; (3) the parties have proposed to settle the Action; (4) the proposed Settlement may affect your legal rights; and (5) you have a number of options.

2. WHAT IS THIS LITIGATION ABOUT?

Plaintiff KATYA ALFONSO (“Plaintiff”) alleges that Defendants WILLIAMS & ASSOCIATES D/B/A WILLIAMS STARBUCK, DONALD H. WILLIAMS, AND DREW J. STARBUCK (“Defendants”) violated the federal Fair Debt Collection Practices Act (“FDCPA”).

Defendants deny Plaintiff’s allegations, and further deny that they violated any laws, or that they are liable to Plaintiff and/or any Settlement Class Member for violations of the FDCPA. Accordingly, neither this Notice nor the proposed Settlement reflects any admission by Defendants that their initial communications sent in attempt to recover sums due violated any law or the rights of any recipient of such notices.

3. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT CLASS?

The Court has conditionally certified the following "Settlement Class":

“Class” means all individuals who were sent an initial written communication by Defendants in an attempt to recover sums due between February 28, 2021 and February 28, 2022. Excluded from the Class are the Judge to whom the Action is assigned any member of the Court's staff and immediate family, and all persons who are validly excluded from the Class. Defendants estimate that there are approximately 81 individuals in the Class.

4. WHY DID THE PARTIES AGREE TO A SETTLEMENT?

The Court did not decide in favor of the Plaintiff or Defendants. Instead, both sides agreed to a Settlement that they believe is a fair, reasonable, and adequate compromise of their respective positions. The parties reached this agreement only after investigation of the claims alleged and the relevant facts, and independent consideration of the risks and benefits of settlement through extensive arms-length negotiations with the guidance and assistance of an experienced third-party neutral mediator, Hon. Elizabeth Gonzalez (Ret.) at Advanced Resolution Management.

Class Counsel and Plaintiff have considered the substantial benefits from the Settlement that will be given to the Class Members and balanced these benefits with the risk of prolonged litigation. They also considered the value of the immediate benefit of settlement to Class Members versus the costs and delay of litigation through trial and appeals. Even if Plaintiff was successful in these efforts, Class Members may not receive any benefits for years.

5. WHAT BENEFIT DOES THE SETTLEMENT PROVIDE?

If the proposed Settlement is approved by the Court, it will provide cash payments to the Class. In return for the relief described below, Class Members release their rights to pursue any claims individually against Defendants relating to the claims at issue in this Action.

The following description of the settlement benefits is qualified in its entirety by reference to the Settlement Agreement, a copy of which is on file with the Court.

The parties have agreed to a settlement, which is summarized as follows:

a) Settlement Awards to the Settlement Class Members. A Settlement Fund of $60,750.00 shall be paid by Defendants to the Settlement Class Members. All Class Members who do not submit an Opt-Out Request excluding themselves from the Class shall receive a maximum of $750.00 as a Settlement Award.

b) Incentive Award. The named Plaintiff, or Class Representative, shall receive an additional sum of $4,000.00, which represents an Incentive Award for the time and effort she has personally invested in this Action as the Class Representative.

6. HOW DO I RECEIVE MY SETTLEMENT AWARD?

To receive the Settlement Award under the Settlement, you do not need to do anything. If you do not exclude yourself from the Settlement, you will receive your Settlement Award in the mail after the Court grants Final Approval to the Settlement.

7. WHAT CLAIMS DO I RELEASE IF I DO NOT OPT OUT OF THIS SETTLEMEMT?

Unless you exclude yourself from the Class, approval of this Settlement will result in a release by you of all claims against Defendants arising from, related to, or connected with the Action, the FDCPA or any collection notices or communications, directed by Defendants to the Class Members during the Class Period.

8. DO I HAVE A LAWYER IN THE CASE?

The Court has appointed the following law firm as Class Counsel: Gustavo Ponce and Mona Amini of the Kazerouni Law Group, APC located at 6787 W. Tropicana Ave., Suite 250, Las Vegas, Nevada 89103.

9. HOW WILL THE LAWYERS FOR THE SETTLMENT CLASS BE PAID?

If the Court approves the Settlement, the Court also will determine what amount of attorneys' fees, costs and all other expenses should be paid to Class Counsel for their representation of Plaintiff and the Class in this Action. Payment of attorneys' fees and litigation costs to Class Counsel will not reduce any benefit available to you as part of the Settlement, and will be paid separately by Defendants, separate from the Settlement Fund. The parties have agreed that Class Counsel shall be entitled to reasonable fees and costs. The parties further understand that the amount of attorneys' fees and costs will be no greater than $72,500.00. This amount, will be paid by Defendants separate from the Settlement Fund created to provide payment of the Settlement Awards to the Settlement Class Members and the Incentive Award in the amount of $4,000.00 which the parties request to be paid to the Plaintiff for her participation as the Class Representative in this Action.

10. WHAT HAPPENS IF I DO NOTHING AFTER RECEIVING THE NOTICE?

If you do nothing, and the Court approves the settlement, you will be bound by the terms of the Settlement and will be unable to pursue individual claims against Defendant concerning the facts at issue in this Action. If the Settlement is approved, and you do not opt-out of the settlement class, you will receive a cash benefit under the Settlement.

11. WHAT DOES IT MEAN TO REQUEST EXCLUSION FROM THE SETTLEMENT CLASS?

If you are a member of the Class you will be bound by the Settlement if the Court approves it unless you exclude yourself from the Class (also known as “opting out”). Being “bound by the settlement” means that you will be precluded from bringing, or participating as a claimant in, a similar lawsuit against Defendants. Persons who exclude themselves from the Class by submitting a valid written Opt-Out Request will not be bound by the terms of the Settlement and will not be eligible to receive any benefits from the Settlement, but they will retain the right to sue Defendants separately at their own cost.

You cannot exclude yourself from the Class and the Settlement if you wish to object to the settlement and/or appear before the Court during the Final Approval Hearing (see questions 13 and 14), as you need to be a Class Member affected by the Settlement to object or appear.

12. HOW DO I REQUEST EXCLUSION FROM THE SETTLEMENT?

You may exclude yourself from the Class provided that your request is made in writing and postmarked before October 31, 2023, which is a date 75 days after the date of the Preliminary Approval Order. Your written Opt-Out Requests must: (i) be signed by the person in the Class who is requesting exclusion; (ii) include the full name, phone number, email, current address of the person in the Class requesting exclusion; (iii) claim identification number included in your Notice, and (iv) include the following statement: "I/we request to be excluded from the settlement in the Alfonso FDCPA class action." No request for exclusion/opt out will be valid unless all of the information described above is included. Your written request to exclude yourself from the Settlement must be sent to the Settlement Administrator Alfonso v. Williams Associates et al., P.O. Box 25226, Santa Ana, CA 92799, and Class Counsel, Gustavo Ponce and Mona Amini at Kazerouni Law Group, APC, 6787 W. Tropicana Ave., Suite 250, Las Vegas, Nevada 89103.

You will be excluded from the settlement only if your request is postmarked on or before October 31, 2023 (75 days after the date of the Preliminary Approval Order) and includes the required information. The date of the postmark on the Opt-Out Request shall be the exclusive means used to determine whether a request for exclusion has been timely submitted.

13. WHAT IF I OBJECT TO THE SETTLEMENT?

If you are a Class Member, you can object or comment on the Settlement. To object to the settlement, you must make an objection in writing and file it with the Court by the Opt-Out and Objection Deadline. An objection must: (A) Attach documents establishing, or provide information sufficient to allow the Parties to confirm, that the objector is a Class Member, including providing the Claim ID, full name, address, and whether he or she intends to appear at the Final Approval Hearing on his or her own behalf or through counsel; (B) Include a statement of such Class Member's specific objections; and (C) State the grounds for objection and attach any documents supporting the objection.

Any Class Member who objects may appear at the Final Approval Hearing, either in person or through an attorney hired at the Class Member's own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlement. A Class Member intending to make an appearance at the Final Approval Hearing must: (i) file a notice of intention to appear with the Court no later than twenty (21) days prior to the Final Approval Hearing, or as the Court may otherwise direct; and (ii) serve a copy of such notice of intention to appear on all counsel for all Parties.

You must notify the Court, Class Counsel, and Defendants’ Counsel of your objection postmarked by October 31, 2023, and your notice of intention to appear regarding the objection before November 23, 2023, twenty-one (21) days prior to the Final Approval Hearing and mail your objection to each of the following:

Class Counsel:

Gustavo Ponce Esq.
Mona Amini Esq.
KAZEROUNI LAW GROUP, APC
6787 W. Tropicana Ave., Suite 250
Las Vegas, Nevada 89103
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
Email: gustavo@kazlg.com ; mona@kazlg.com

Defendants’ Counsel:

Sheri M. Thome, Esq.
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
6689 Las Vegas Blvd. South, Suite 200
Las Vegas, Nevada 89119
Telephone: (702) 727-1400
Facsimile: (702) 727-1401
Email: Sheri.Thome@wilsonelser.com

If your objections do not meet all of the requirements set forth in this section, they may be deemed invalid and may be overruled.

14. WHEN AND WHERE WILL THE COURT DETERMINE WHETHER TO APPROVE THE SETTLEMENT?

The Court has scheduled a Final Approval Hearing on December 14, 2023 in Courtroom 6B of the United States District Court for the District of Nevada located at 333 Las Vegas Blvd. South Las Vegas, NV 89101. This hearing may be continued or rescheduled by the Court without further notice. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and will consider Class Counsel's request for attorneys’ fees and expenses. The Court also will consider any objections. The Court may decide these issues at the Final Approval Hearing or take them under consideration without oral argument.

15. DO I HAVE TO COME TO THE FINAL APPROVAL HEARING?

No. You are not required to attend to the hearing, but you are welcome to come at your own expense if you wish.

Class Members who object to the Settlement do not need to attend the Final Approval Hearing for their objections to be considered. If you wish to appear either personally or through your own personal attorney at the Final Approval Hearing, you must send both a timely objection and a notice of intent to appear to the Clerk of the Court at the address set forth in question 14 above, and serve copies on Class Counsel and counsel for Defendants at the addresses set forth in question 14 above no later than November 23, 2023.

Your notice of intention to appear must include copies of any papers, exhibits, or other evidence that you or your counsel will present to the hearing. Any Class Member who does not file and serve a notice of intention to appear in accordance with these instructions may be barred from speaking at any hearing concerning this Settlement.

16. HOW DO I GET MORE INFORMATION ABOUT THE SETTLEMENT?

This Website only summarizes the Settlement. The official terms of the Settlement are available by reviewing the public files for the United States District Court for the District of Nevada, by visiting the Case Documents section on this website, or by sending a self-addressed, stamped envelope to the Settlement Administrator Alfonso v. Williams Associates et al., P.O. Box 25226, Santa Ana, CA 92799, or by contacting Class Counsel. Please do not contact the Court with questions regarding the Settlement.